IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 138 of 2009. [O&M] Date of Decision: 8th September, 2009. Ravinder Singh Johal Petitioner through Mr. H.S.Lalli, Advocate Versus Suresh Kumar Respondent through Mr. Naresh Kaushik, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 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? SURYA KANT, J. [ORAL) This Revision Petition is directed by the landlord against the order dated 24.9.2008 passed by the Rent Controller, Jalandhar whereby leave to contest has been granted to the respondent – tenant in an eviction petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (in short, “the Act”). The solitary contention raised on behalf of the petitioner – specified landlord is that the Preliminary Objection No. 3 taken by him in his reply to the application for leave to contest to the effect that the respondent – tenant was served on 20.7.2007 whereas the application for leave to contest was filed on 14.8.2007, i.e., much after the expiry of 15 days' period and is time barred, the Rent Controller has not dealt with the same. It is further urged that after the expiry of 15 days, no C.R. No.138 of 2009 (O&M) :{ 2 }: application for `leave to contest' could be entertained as in catena of judgments it has been held that if the tenant fails to apply for leave to contest within the stipulated period of 15 days, the Rent Controller has no jurisdiction to extend that period. Having heard learned counsel for the parties, however, without expressing any views on the contention as to whether or not the application for leave to contest was barred by limitation, I am of the considered view that since the objection raised by the petitioner goes to the root of controversy, it is imperative upon the Rent Controller to return a finding on that objection. For the reasons afore-stated, the revision petition is allowed; the impugned order dated 24.09.2008 is set aside and the matter is remitted to the Rent Controller to decide the same afresh, in accordance with law. The Rent Controller shall deal with the afore- stated objections raised on behalf of the petitioner – landlord. However, it shall not preclude the Rent Controller from satisfying itself as to whether or not the petitioner – landlord fulfills all the statutory ingredients of Section 13-B of the Act. The parties are directed to appear before the Rent Controller, Jalandhar on 26.10.2009. Dasti. September 08, 2009. ( SURYA KANT ) dinesh JUDGE