CR-2143- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 108 RAJNISH GUPTA & ANR. NITIN SINGLA CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. virtue of the instant revision petition, four different orders have been impugned revision petition insofar as challenge to order of the paper concerned law. He has confined the challenge in the instant revision petition to order dated 19.10.2023 (at page 38 of the paper 18.03.2025 (at page 49 -2025 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RAJNISH GUPTA & ANR. VS. NITIN SINGLA CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Mr. Divanshu Jain, Advocate, Mr. Abhinav Goel, Advocate, Mr. Minkal Rawal, Advocate & Mr. Arjun Sangwan, Advocate for the petitioners. **** SUVIR SEHGAL, J. At the outset, counsel for the petitioners states that although by virtue of the instant revision petition, four different orders have been d, he requests for and is gran revision petition insofar as challenge to order of the paper-book) and order dated concerned, with liberty to pursue his remedy separately in accordance with law. He has confined the challenge in the instant revision petition to order dated 19.10.2023 (at page 38 of the paper 8.03.2025 (at page 49-53 of the paper-book). IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2143-2025 (O & M) Date of decision:05.04.2025 ...PETITIONERS ...RESPONDENT SUVIR SEHGAL Mr. Divanshu Jain, Advocate, Mr. Abhinav Goel, Advocate, Mr. Minkal Rawal, Advocate & Mr. Arjun Sangwan, Advocate for the petitioners. for the petitioners states that although by virtue of the instant revision petition, four different orders have been nted permission to withdraw revision petition insofar as challenge to orders dated 19.09.2023 (at page 32 18.03.2025 (at pages 39-48) with liberty to pursue his remedy separately in accordance with law. He has confined the challenge in the instant revision petition to order dated 19.10.2023 (at page 38 of the paper-book) as well as order dated book). .2025 for the petitioners states that although by virtue of the instant revision petition, four different orders have been the dated 19.09.2023 (at page 32 48) is with liberty to pursue his remedy separately in accordance with law. He has confined the challenge in the instant revision petition to order book) as well as order dated Sheetal 2025.04.09 16:48 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CR-2143- 2. by the petitioner under Section 15 of the East Punjab Urban Rent Restriction Act, 1949, authority as being barred by application for condonation of delay (at page 136 also to me submits that He asserts appeal wi the appell and another Vs. Raj Pal Sharma 11.10.201 Baburao Patil Singh 2003 (1) RCR (Rent) 201 RCR (Rent) 446 Finder Do merits. 3. 4. accept notice on behalf of the caveator/respon prayer made in the petition and has submitted that the delay caused by the petitioner is be evicted from the premises as he was in arrears of rent deposit the provisional rent as assessed by the Rent Controller. -2025 (O & M) -2- Counsel for the petitioner has argued that the first appeal filed by the petitioner under Section 15 of the East Punjab Urban Rent Restriction Act, 1949, (for short “the Act”) has been dismissed by the appellate thority as being barred by 17 days. application for condonation of delay (at page 136 edical record dated 28.09.2023 (at page 121 of the paper that petitioner suffered a paralytic attack and s that as petitioner was medical ithin the prescribed period and de late authority. Placing reliance upon judgment and another Vs. Raj Pal Sharma 18); Vedabai @ Vaijayanatabai Baburao Patil Vs. Shantaram Baburao Patil and others 2001 (9) SCC 106 2003 (1) RCR (Rent) 201; Sham Lal Vs. Satish Kumar RCR (Rent) 446 and Inder Singh Vs. The State of Madhya oc ID#2708609, he asserts that f Issue notice of motion to the respondent. Mr. Santosh Sharma, Advocate & Mr. Rajat Dogra, Advocate accept notice on behalf of the caveator/respon prayer made in the petition and has submitted that the delay caused by the petitioner is intentional. It is also his case that the petitioner was ordered to be evicted from the premises as he was in arrears of rent deposit the provisional rent as assessed by the Rent Controller. ounsel for the petitioner has argued that the first appeal filed by the petitioner under Section 15 of the East Punjab Urban Rent Restriction has been dismissed by the appellate 17 days. By making a reference to the application for condonation of delay (at page 136-137 of the paper-book) as dated 28.09.2023 (at page 121 of the paper-book), he d a paralytic attack and was advised bed rest. lly unfit, he could not institute elay should have been condoned lacing reliance upon judgments in Pawan Kumar (CR-5458 of 2014 decided i @ Vaijayanatabai Baburao Patil Vs. Shantaram SCC 106; Malkiat Singh Vs. Tara Sham Lal Vs. Satish Kumar 2014 (1) Inder Singh Vs. The State of Madhya Pradesh L first appeal deserves to be heard Issue notice of motion to the respondent. Mr. Santosh Sharma, Advocate & Mr. Rajat Dogra, Advocate accept notice on behalf of the caveator/respondent. He has opposed the prayer made in the petition and has submitted that the delay caused by the intentional. It is also his case that the petitioner was ordered to be evicted from the premises as he was in arrears of rent and he has failed deposit the provisional rent as assessed by the Rent Controller. ounsel for the petitioner has argued that the first appeal filed by the petitioner under Section 15 of the East Punjab Urban Rent Restriction has been dismissed by the appellate By making a reference to the book) as book), he advised bed rest. the d by Kumar on i @ Vaijayanatabai Baburao Patil Vs. Shantaram Malkiat Singh Vs. Tara 2014 (1) Law d on Mr. Santosh Sharma, Advocate & Mr. Rajat Dogra, Advocate dent. He has opposed the prayer made in the petition and has submitted that the delay caused by the intentional. It is also his case that the petitioner was ordered to ed to Sheetal 2025.04.09 16:48 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CR-2143- 5. reference to the interim orders passed by the appellate authority and has submitted that the entire arrears deposited. 6. submissions. 7. period of 15 days for the delay of 17 days in filing of the appeal. Petitioner has averred that he was medically unfit and had suffered a paralytic stroke. His submission is fortified with certificate in the absence of any reply to the application. This Court is, therefore, of the view that the delay in the filing of the appeal, been satis 8. 17 days in filing of the first appeal is condoned. 18.03.202 matter is remanded to the appellate authority to hearing counsel for the parties the date of communication of a copy of this order. 9. 10. 12.05.2025. -2025 (O & M) -3- To controvert him, counsel for the petitioner has made a reference to the interim orders passed by the appellate authority and has submitted that the entire arrears as well as some future rent has deposited. I have heard counsel for the parties and considered their submissions. Perusal of Section 15 of the Act shows that it provides for a period of 15 days for the filing of an appeal. Concededly, there has been a delay of 17 days in filing of the appeal. Petitioner has averred that he was medically unfit and had suffered a paralytic stroke. His submission is with a medical certificate. Respondent cannot possibly dispute the certificate in the absence of any reply to the application. This Court is, therefore, of the view that the delay in the filing of the appeal, sfactorily explained, deserves to be condoned. Accordingly, prayer made in the 17 days in filing of the first appeal is condoned. 25 is set aside. As first appeal has not been decided on merits, matter is remanded to the appellate authority to hearing counsel for the parties, preferably within a period of 04 months from the date of communication of a copy of this order. Petition is disposed off. Parties are directed to appear before the appellate authority on 12.05.2025. To controvert him, counsel for the petitioner has made a reference to the interim orders passed by the appellate authority and has as well as some future rent has been I have heard counsel for the parties and considered their Perusal of Section 15 of the Act shows that it provides for a appeal. Concededly, there has been a delay of 17 days in filing of the appeal. Petitioner has averred that he was medically unfit and had suffered a paralytic stroke. His submission is . Respondent cannot possibly dispute the certificate in the absence of any reply to the application. This Court is, therefore, of the view that the delay in the filing of the appeal, which deserves to be condoned. Accordingly, prayer made in the petition is accepted. Delay of 17 days in filing of the first appeal is condoned. Impugned order da first appeal has not been decided on merits, matter is remanded to the appellate authority to adjudicate it on merits, after y within a period of 04 months from the date of communication of a copy of this order. Parties are directed to appear before the appellate authority on To controvert him, counsel for the petitioner has made a reference to the interim orders passed by the appellate authority and has been I have heard counsel for the parties and considered their Perusal of Section 15 of the Act shows that it provides for a appeal. Concededly, there has been a delay of 17 days in filing of the appeal. Petitioner has averred that he was medically unfit and had suffered a paralytic stroke. His submission is . Respondent cannot possibly dispute the certificate in the absence of any reply to the application. This Court is, has petition is accepted. Delay of ated first appeal has not been decided on merits, after y within a period of 04 months from Parties are directed to appear before the appellate authority on Sheetal 2025.04.09 16:48 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CR-2143- 11. arrears of rent statement that in case any arrears are found due within a period of two weeks of appearance before the appellate authority. 12. premises was stayed by the appellate authority vide order dated 07.12.2023, interim order shall remain in operation to the dep the appell 13. 05.04.2025 sheetal -2025 (O & M) -4- Counsel for the petitioner disputes that the arrears of rent. Upon instructions, counsel for the petitioner has made a statement that in case any arrears are found due within a period of two weeks of appearance before the appellate authority. It is clarified that as dispossession of the petitioner from the premises was stayed by the appellate authority vide order dated 07.12.2023, interim order shall remain in operation till the decision of the appeal posit of arrears of rent, if any, wi late authority. Pending application(s), if any, are disposed off. .2025 Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Counsel for the petitioner disputes that the payment of entire . Upon instructions, counsel for the petitioner has made a statement that in case any arrears are found due, the same shall be deposited within a period of two weeks of appearance before the appellate authority. as dispossession of the petitioner from the premises was stayed by the appellate authority vide order dated 07.12.2023, till the decision of the appeal, subj ithin two weeks of appearing bef if any, are disposed off. (SUVIR SEHGAL) JUDGE Yes/No Yes/No entire . Upon instructions, counsel for the petitioner has made a the same shall be deposited within a period of two weeks of appearance before the appellate authority. as dispossession of the petitioner from the premises was stayed by the appellate authority vide order dated 07.12.2023, ject fore Sheetal 2025.04.09 16:48 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh