IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6544 of 2007 Date of decision: 10th December, 2008 Darshan Singh … Petitioner Versus Gurdev Kaur … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Satinder Khanna, Advocate for the petitioner. Mr. Gulzar Mohd., Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Mr. Gulzar Mohd. has caused appearance for the respondent landlady Gurdev Kaur. Mr. Satinder Khanna appearing for the petitioner states that in the memo of parties, inadvertently, tehsil and district has been mentioned as Kapurthala. Whereas, it should be tehsil Phagwara, district Kapurthala. On the oral prayer made by Mr.Satinder Khanna, he is allowed to make necessary correction in the memo of parties. The correction shall be initialed by the counsel. Present revision petition has been filed against the order of the Rent Controller, whereby he has declined leave to defend to the tenant. Mr.Khanna has contended that there are triable issues in the present case. The Rent Controller has not taken into consideration the fact that necessary ingredient that the landlady had not earlier availed benefit of Section 13-B, has not been pleaded, inter alia. Civil Revision No.6544 of 2007 Mr. Gulzar Mohd. appearing for the respondent landlady has stated that strict rules of Code of Civil Procedure do not apply with all its vigor and strength in the eviction proceedings, as the Rent Controller is a persona designata and he can evolve his own mechanism and the eviction petition need not contain each and every fact and it can be proved by leading evidence that Gurdev Kaur landlady has earlier not availed benefit of Section 13-B of the East Punjab Rent Restriction Act. In view of the respective submissions made by counsel for the parties, counsel for the parties are agreeable that leave to defend can be granted to the tenant, provided taking into consideration summary mechanism and beneficial provisions in favour of the NRIs, the Rent Controller is directed to conclude the proceedings within a stipulated time. Taking into consideration the submissions made by counsel for the parties in the present case, Rent Controller is directed to conclude the proceedings within nine months from the receipt of certified copy of this order. Both the parties shall be given three effective opportunities to lead their entire evidence. Parties are directed to appear before the Rent Controller on 8th January, 2009. With these observations, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE December 10, 2008 rps 2