1981 (5) TMI 128

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....nder Section 13 of the East Punjab Urban Rent Restriction Act (herein after called the Act) for the ejectment of Ved Parkash petitioner tenant on the ground on non-payment of rent and further that the tenant had materially impaired the value and the utility of the premises leased out to him. The petitioner-tenant contested the application and also tendered the tent which was accepted by the respondent landlord under protest n the ground that the same was not complete and legal. On the pleadings of the parties the court struck the following issues:- 1. Whether the respondent is liable to ejectment on ground mentioned in the application ? 2. Whether the tender is not valid? 3. Whether the application is not verified in accordance with l....

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....aced on Dharam Paul v. Roshan Lal (1980) 1 R CR 503(Punj). 4. The aforesaid contention, despite some vehemence with which is was advanced, appears to us patently not well-conceived. A bare look at the 21 section of this short statute in general and to the provisions of Sections 16 and 17 in particular would make it manifest that it is only for the very limited purposes specified in these two section that the relevant provision of the Code of Civil Procedure are attracted to the proceedings before the Rent controller and the subsequent execution of the orders made by the original and the appellate authorities thereunder. At this stage it would perhaps be apt to read section 16 and 17 of the Act :- "Section 16. For the purpose of this....

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....;From the aforementioned history and the provisions of the present and the preceding rent legislation, it appears to be self-evident that apart from the larger purpose of restricting rents and giving special protection to the tenants the specific intent of the legislature was to provide a special and expeditious procedure for the disposal of the matters under the Act. The jurisdiction for the determination of these matters was designedly and meaningfully taken away from the ordinary run of Civil Courts and vested in the Controllers. They were left to devise their own procedure free from technicalities and formalities of the Civil Procedure Code which governed the Civil Courts. Section 16 and 17 of the Act brought in the Civil Procedure Code....

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....text, it is again apt to recall the view in Ram Dutta Gupta's case 1976) 78 PLR 791(supra) that even the very framing of issues is not compulsory for the Rent Controller when exercising jurisdiction under the closely analogous provision of the Haryana Urban Rent Restriction Act, 1973. Even a bird's eye view of the provision of the Act makes it manifest that the present Act is not a procedural statute and does not provide in any great detail for the mode and manner of the trial of proceedings before the controller and later before the appellate authority. It is because of this very fact that it has been repeatedly held judicially that the Controllers have been left free to devise their own procedure. Therefore the absence of a specif....