Neeru Arora vs Gursharan Singh Sandhu
2023 Latest Caselaw 21469 P&H

Punjab-Haryana High Court

Neeru Arora vs Gursharan Singh Sandhu on 8 December, 2023

                                                      Neutral Citation No:=2023:PHHC:157179




                                                             2023:PHHC:157179
111

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                             CR-6844-2023 (O&M)
                                             Date of Decision: 08.12.2023


NEERU ARORA                                                  ......   PETITIONER

VS
GURSHARAN SINGH SANDHU                                       ..... RESPONDENT


CORAM: HON'BLE MR. JUSTICE GURBIR SINGH

Present:    Mr. Anoop Verma, Advocate for the petitioner.

GURBIR SINGH, J. (ORAL)

* * * *

1. Challenge in this petition is to set aside the order dated 19.10.2023

passed by learned Appellate Authority vide which the appeal filed by the peti-

tioner against the eviction order has been wrongly dismissed as well as set aside

the judgment dated 18.04.2022 and order dated 02.04.2022 passed by the

learned Rent Controller, Gurugram vide which eviction petition filed by the re-

spondent has wrongly been allowed.

2. The brief facts as culled out are that the respondent has filed the

eviction petition under Section 13 of the Haryana Urban (Control of Rent and

Eviction Act, 1973) for eviction of the petitioner from the demised premises on

the ground of non-payment of arrears of rent. The petitioner-tenant appeared in

the Court but her defence was struck off vide order dated 14.07.2017 and

provisional assessment of rent was made vide order dated 02.04.2022 by the

learned Rent Controller, Gurugram. The petitioner-tenant failed to pay the

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Neutral Citation No:=2023:PHHC:157179

CR-6844-2023 (O&M) -2-

provisionally assessed rent and eviction order has been passed.

3. Learned counsel for the petitioner submits that the petitioner being

helpless lady, has been misled so she could not challenge the order of striking

off a defence. The petitioner has already spent a huge amount on the

construction of demised premises and said construction was done with the

permission of landlord. The said amount is also not adjusted in the arrears of

rent.

4. I have heard submissions of the learned counsel for the petitioner

and have gone through the file.

5. The petitioner has missed the train. After striking off the defence,

order of assessment of provisional rent has been passed. The petitioner failed to

pay the same and order of ejectment was passed.

6. Keeping in view the verdict in case of Rakesh Wadhawan Vs

Jagdamba Industrial Corporation, 2002(1) RCR (Rent)-514, I do not find any

illegality and irregularity in the order of ejectment. In case, petitioner has spent

any amount on construction, the petitioner has alternate remedy to file a civil

suit for seeking said relief but cannot agitate the same now in revision.

7. The petition stands dismissed accordingly.

                                                        (GURBIR SINGH)
08.12.2023                                                 JUDGE
renu


                    Whether speaking/reasoned                  Yes/No
                    Whether reportable                         Yes/No




                                                        Neutral Citation No:=2023:PHHC:157179

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