Civil Revision No. 4549 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4549 of 2008 Date of Decision: 11.11.2008 Charan Dass …Petitioner Versus Sohan Singh and Another ... Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Krishan Sehajpal, Advocate for the petitioner. Mr. Vikas Behl, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner-tenant has been declined leave to defend. It is not disputed that the landlord had filed eviction petition against the 17 tenants from the same building. According to Mr. Sehajpal, an issue arose in other connected cases that whether eviction petition is maintainable against all the 17 tenants or not? Mr. Behl states that it has been held by this Court that since the building is compact, eviction petition against all the 17 tenants is maintainable. He further states that a similar view has been taken by other two Co-ordinate Benches of this Court. He further states that on this issue, matter is pending before Hon'ble the Apex Court. He is not in Civil Revision No. 4549 of 2008 2 a position to controvert Annexure P5 order passed by Hon'ble the Apex Court whereby eviction of tenant has been stayed taking into consideration issue raised herein and involved before Hon'ble the Apex Court being same. Learned counsel for the petitioner has relied upon Annexure P4, order passed by this Court in Sunder Dass v. Sohan Singh (Civil Revision No. 2772 of 2005 decided on 17.2.2006) wherein it was held that in view of the stand taken by Mr. Behl, counsel for the landlord, leave to defend was granted and it was ordered that learned Rent Controller shall proceed to decide the petition for eviction by granting three opportunities each to both the parties, so as to decide the petition by the end of December 2006. I find no ground to treat the present petitioner differently. In the interest of fair play, an adequate opportunity to lead their evidence be granted to the petitioner as similar benefits also flowed to the tenant in Sunder Dass's case (supra). Sunder Dass like petitioner is also tenant under respondent-landlord Sohan Singh. Therefore, the tenant is granted leave to defend and learned Rent Controller is directed to decide the petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 in a time bound manner. The parties through their learned counsel shall appear before learned Rent Controller on 11.12.2008, for further proceedings, in accordance with law, on which date the tenant shall file the written statement. Thereafter, learned Rent Controller shall proceed to decide the petition for eviction by granting three opportunities each to both the parties, so as to decide the eviction petition by the end of August 2009. Civil Revision No. 4549 of 2008 3 It is made clear that if on 11.12.2008 written statement is not filed by the tenant, his defence shall be deemed to have struck off. The present revision petition is disposed off in terms as stated above. Nothing stated herein above shall have any effect on the right of the parties. (Kanwaljit Singh Ahluwalia) Judge November 11, 2008 “DK”