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2025 DAILYLAW 114844 (PNJ)

RAVINDER KUMAR v. LAKHWINDER SINGH

CR/3511/2023 · 2025-11-11

Pankaj Jain

body2025

Judgment text

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[285] Ravinder K Lakhwinde Coram : Present: PANKAJ J [1] of India, th Rent Cont treating the [2] in terms o to the appel [3] the aforesa petition tho the appeal revision re keeping in wrong Cou IN THE HIGH COURT OF AT CHANDIGA CR-3511- Date of De nder Kumar versus winder Singh HON’BLE MR. JUSTICE PA Mr. Sharad Mehra, Advocate f Mr. L.S. Sidhu, Advocate for t **** KAJ JAIN, J. (ORAL) By way of present petition und dia, the petitioner has assailed Order Controller, Amritsar, whereby app ing the eviction petition as an ordinary At the outset, learned counsel rms of Section 50 of the Punjab Rent appellate jurisdiction. Learned counsel for the petitio foresaid position of law. However, ion though was filed within 30 days o ppeal would be barred by time. He remained pending before this C ing in view that he was pursing his rem Court. T OF PUNJAB AND HARYANA DIGARH -2023(O&M) of Decision : 11.11.2025 …Petitioner ….Respondent PANKAJ JAIN ocate for the petitioner. for the respondent. on under Article 227 of the Constitutio Order dated 01.05.2023 passed by th y application filed by the tenant fo dinary eviction petition stands rejected unsel for the respondent points out th b Rent Act, 1995, the order is amenab tioner is not in a position to dispu ever, submits that the present revisio days of passing of the order but by no . He prays that the time for which th Court be granted to the appella his remedy diligently though before stitution by the ant for jected. out that menable dispute revision now ich the ppellant fore the RAJNEESH SHARMA 2025.11.13 19:29 I attest to the accuracy and integrity of this document CR-3511-2023(O&M) -2- [4] Section 50 of the Punjab Rent Act, 1995 reads as under:- “50. Jurisdiction, powers and authority of the Appellate Authority. (1) Save as otherwise expressly provided in this Act, the State Government may, by a general or special order, by notification confer on such officers and authorities, as it may think fit, the powers of Appellate Authority in relation to,— (a) all appeals against the orders of the Rent Authority under this Act; (b) any other matter, except the registration of agreements referred to in sub-section (2) of section 4 of this Act, arising from the provisions of this Act; and (c) review of its own orders and decisions. (2) The Appellate Authority may, either suo moto or on application of any of the parties and after notice to the parties and after hearing such of them as it may desire to be heard, call for records of any case pending before the Rent Authority under this Act, and either itself try the case or give direction for disposal of the case to such Rent Authority. (3) Any person aggrieved by an order passed or a decision made by a Rent Authority may, within thirty days from the date of such order or decision, prefer an appeal, in writing, to the Appellate Authority in the prescribed form and accompanied by certified copy of the order or decision appealed against : Provided that an appeal may be entertained after the expiry of the said period of thirty days, if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within the specified period. (4) In computing the aforesaid period of thirty days, the time taken in obtaining certified copy of the order or decision to be appealed against shall be excluded. (5) An appeal shall lie to the Appellate Authority from every order or decision of Rent Authority made under this Act both on question of law and facts : Provided that no appeal shall lie against an order or decision of the Rent Authority made under section 21 or section 33 of this Act. RAJNEESH SHARMA 2025.11.13 19:29 I attest to the accuracy and integrity of this document CR-3511-2023(O&M) -3- (6) On receipt of an appeal under sub-section (3), the Appellate Authority shall, if satisfied, after such inquiry as it may deem necessary that the appeal is a fit case for adjudication by it, entertain such appeal, but if the Appellate Authority is not so satisfied, it may summarily reject the appeal after recording its reason. (7) The Appellate Authority shall endeavour to dispose of an appeal against the order or decision of the Rent Authority under clause (d), clause (e), or clause (q) of sub-section (2) of section 20 of this Act within one month of filing of such appeal. (8) The Appellate Authority shall have the power to effect conciliation between the parties in any case pending before it. ” [5] Keeping in view that the Appellate Authority is clothed with the power to entertain the appeal even after the expiry of period of 30 days on being satisfied of the sufficient cause for not preferring the appeal within the specified period, this Court is sanguine that the Appellate Authority would consider pendency of present revision petition before this Court and shall not dismiss the appeal for being barred by time. [6] Accordingly, the present revision petition is dismissed as withdrawn. However, liberty is granted to the petitioner to prefer an appeal within two weeks. [7] Ordered accordingly. [8] All pending miscellaneous application(s), if any, stands disposed off. (PANKAJ JAIN) JUDGE 11.11.2025 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2025.11.13 19:29 I attest to the accuracy and integrity of this document