CR No.1237 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No.1237 of 2009 Date of decision March 5, 2009 Asha Rani and another ....... Petitioners Versus Jagraj Kaur ........Respondent CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Mukesh Kumar Bhatnagar, Advocate for the petitioner. **** 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? K. Kannan, J (oral). 1. The revision petitioner is the tenant who sought for leave to defend beyond the period of limitation and also sought to contend that petition itself is not maintainable at the instance of the landlord who had acquired property less than five years prior to the presentation of the petition and therefore the landlord had no right to seek any relief under Section 13-B of East Punajb Urban Rent Restriction Act, 1949. 2. Even without adverting to the merits or the maintainability of the petition filed by the landlord, the Rent Controller has considered the fact with reference to the decisions rendered by this Court that leave to contest if it is not filed within the time as per the statute cannot be entertained. The provisions of Section 5 of the Limitation Act would not be applicable to such petitions seeking for leave to defend. The decision of the Rent Controller as under the circumstances is justified and CR No.1237 of 2009 2 there is no scope for intervention. The matter regarding maintainability of the petition will be a matter which the Rent Controller will consider at the time of passing of final order. 3. The Civil Revision petition is accordingly dismissed. (K. KANNAN) JUDGE March 5, 2009 archana