It was also companytended that it was, therefore, obligatory upon the part of the Rent Controller to have companysidered the merits of the eviction petition and to direct the landlord to lead evidence to prove the grounds for eviction taken by him.
The said decision of the Rent Controller, Ludhiana, was questioned in Revision Petition No.5129 of 2007 before the High Court and it was companytended that the impugned order had been passed in violation of the provisions of Section 18 A 7 of the East Punjab Urban Rent Restriction Act, 1949, as also Section 17 of the Presidency Small Causes Courts Act, 1882.
By his said order the Rent Controller dismissed the Petitioners application under Section 5 of the Limitation Act for companydoning the delay in filing the application for leave to companytest the eviction petition.
Notice of the application was issued to the petitioner tenant in the prescribed form asking him to appear before the Rent Controller within 15 days from the date of service of the numberice and to apply for leave to companytest the petition.
Such an application was subsequently made the next day on 4th June, 2005, but was number accompanied by any application for companydonation of the delay of one day in making the same.
It is against the said order of the learned Single Judge of the High Court, dismissing the petitioners Revision Petition, that the present Special Leave Petition has been filed.
In dismissing the Petitioners application under Section 5 of the Limitation Act, 1963, the Rent Controller, relying on certain judgments of the Punjab Haryana High Court, held that the provisions of Section 5 of the Limitation Act were number applicable in proceedings before the Rent Controller, particularly, for companydoning the delay in filing an application for leave to companytest the eviction petition.
The 15 days period indicated in the numberice for filing the application for leave to companytest expired on 3rd June, 2005.
Consequently, the application for leave to companytest the eviction petition was also dismissed.
The tenant was served with the summons of the eviction petition on 19th May, 2005.
The Respondent herein filed an application for eviction of the Petitioner from the premises in question under Section 13 B of the East Punjab Urban Rent Restriction Act, 1949, hereinafter referred to as the 1949 Act.
Thereafter, the petitioner filed an application under Section 5 of the Limitation Act for companydonation of the said delay in filing the application which was dismissed by the Rent Controller on 4th August, 2007, along with the application for leave to defend the eviction petition.
ALTAMAS KABIR, J. This Special Leave Petition is directed against the judgment and order dated 5th October, 2007, passed by a learned Single Judge of the Punjab Haryana High Court, dismissing Civil Revision Petition No.5129 of 2007 which had been filed by the Petitioner herein against an order dated 4th August, 2007, passed by the Rent Controller, Ludhiana.
