Civil Revision No. 939 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Civil Revision No. 939 of 2010 Date of decision : 15.2.2010 Pal Singh ....Petitioner Versus Gurmeet Kaur ...Respondent 2. Civil Revision No. 941 of 2010 Rachpal Singh ....Petitioner Versus Gurmeet Kaur ...Respondent 3. Civil Revision No. 942 of 2010 Shashi Kanda ....Petitioner Versus Gurmeet Kaur ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Harit Sharma, Advocate for the petitioner in all the three petitions. S. D. ANAND, J. Notice of motion. Mr. Puneet Bali, Advocate accepts notice on behalf of Civil Revision No. 939 of 2010 -2- **** respondents in all the three petitions. In a petition filed by the respondent-landlord, petitioner herein being tenant filed an application under Section 18 of the East Punjab Urban Rent Restriction Act for grant of leave to defend the proceedings aforementioned. That plea of the petitioner-tenant came to be negatived by the learned Rent Controller, vide order dated 26.10.2009. It was on that very date that the learned Rent Controller vide a separate order, directed the eviction of the petitioner-tenant from the premises aforementioned. The petitioner filed a revision petition against the former order. That order has been upheld upto the Apex Court. This fact stands noticed in the order dated 28.4.2008 granted by a Coordinate Bench (Ranjit Singh, J.) of this Court. Mr. Puneet Bali, learned counsel appearing on behalf of the respondent, raises a preliminary objection to the maintainability of the petition. It is averred by the learned counsel that this petition against the ejectment order dated 28.4.2008 is not tenable as this order was not challenged earlier by the petitioner-tenant. It is common ground otherwise that the learned Rent Controller did not record any evidence on behalf of the respondent- landlord before directing ejectment of the petitioner-tenant from the tenanted premises. The grant of ejectment order without recording any evidence whatsoever is not in accord with the law laid down by the Apex court in M.R.F. Limited and another Vs. S. Major Singh Purewal 2009(1) R.C.R.(Rent) 624. Civil Revision No. 939 of 2010 -3- **** The petition shall stand allowed. The parties, through their learned counsel, are directed to appear before the learned Rent Controller on 26.2.2010. The learned Rent Controller shall proceed to dispose of the matter afresh in accordance with law within fifteen dates from 26.2.2010. A photocopy of this order be placed on the file of each connected case. February 15, 2010 (S. D. ANAND) Pka JUDGE