Punjab and Haryana High Court Dismisses Tenant's Plea to Delay Eviction Order Execution, Court Criticizes Tenant's Delay Tactics, Emphasizes Online Availability of Eviction Order and Exemption for Certified Copy in Appeals
The Punjab and Haryana High Court, in a significant ruling, dismissed a revision petition filed by JPS Chadha, a tenant, challenging the execution of an eviction order against him. The judgment, delivered by Justice Alka Sarin, emphasized that tenants cannot claim deprivation of their right to appeal based on non-receipt of a certified copy when the eviction order is available online and the law permits filing of an appeal with an exemption application for the certified copy.
The case revolves around a prolonged legal battle between the tenant, JPS Chadha, an advocate by profession, and the landlord, Rajinder Singh Koura, concerning a property in Chandigarh. The landlord had initially filed an ejectment petition in 2013, seeking eviction of the tenant due to non-appearance, leading to an ex-parte decision in favor of the landlord. Although Chadha successfully challenged the initial ex-parte order, he was again proceeded against ex-parte in 2019, resulting in another eviction order.
Despite the eviction order being uploaded online, Chadha argued that the absence of a certified copy deprived him of his right to appeal. However, the High Court noted that under the High Court Rules and Orders, an appeal can be filed with an application for exemption from the certified copy. Justice Sarin observed that Chadha, being an advocate, should have been aware of this provision, criticizing the delay tactics employed by him.
The judgment further highlighted the importance of expeditious disposal of execution matters, allowing landlords to reap the benefits of eviction orders without undue delay. The Court directed the Executing Court to handle the matter promptly, in accordance with legal precedents established by the Supreme Court.
This ruling underscores the judiciary's commitment to ensuring fairness in the execution of eviction orders and discouraging unnecessary delays, thereby reaffirming landlords' rights to their property without prolonged legal obstructions.
Bottom Line:
Tenant cannot claim deprivation of the right to file an appeal on the ground of non-receipt of certified copy of the eviction order when the same is available online and the law permits filing of an appeal with an application for exemption from filing a certified copy.
Statutory provision(s): Order 13, Rule 10 CPC, Order 9, Rule 13 CPC, Section 13 of the East Punjab Urban Rent Restriction Act, 1949, Article 227 of the Constitution of India
JPS Chadha v. Rajinder Singh Koura, (Punjab And Haryana) : Law Finder Doc id # 2861604
