CR No.4522 of 1999 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH * * * CR No.4522 of 1999 (O&M) Decided on 18.5.2011 Sat Paul -- Petitioner vs. Som Nath --Respondent CR No.504 of 2002 (O&M) Decided on 18.5.2011 Devinderpal Singh -- Petitioner vs. Joginder Kaur (dead) through L.Rs. --Respondents CR No.5589 of 2002 (O&M) Decided on 18.5.2011 Amrik Kapoor -- Petitioner vs. J.S.Budh --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.M.K.Garg, Advocate,for the petitioner None for the respondent RAKESH KUMAR JAIN J, (Oral) A batch of three revision petitions i.e. C.R.No.4522 of 1999 CR No.4522 of 1999 (O&M) 2 titled as Sat Paul Vs. Som Nath; C.R. No. 504 of 2002 titled as Devinderpal Singh Vs. Joginder Kaur (dead) through L.Rs. and C.R.No.5589 of 2002 titled as Amrik Kapoor vs. J.S.Budh is being disposed of by this common order as the question of law involved in all the three cases is the same. In C.R.No.4522 of 1999, tenant is in revision who was ordered to be evicted from the demised premises by the Courts below on the ground of non-payment of arrears of rent. On 17.9.1999, notice of motion was issued and dispossession of the petitioner from the suit premises was stayed. On 17.5.2003 , the following order was recorded:- “The sole ground of ejectment is non-payment of arrears of rent. Adjourned sine die. To be heard after the decision of Civil Revision No.1474 of 1988”. Civil Revision No.1474 of 1988 came to be heard before the Full Bench of this Court on 09.5.2007 and the following order was passed:- “In view of the judgment of the Hon'ble Supreme Court in Vinod Kumar Versus Prem Lata AIR 2003 (S.C.) 3854, the reference made does not survive, as the question referred to the Full Bench, has been settled in the judgment, referred to above. CR No.4522 of 1999 (O&M) 3 Let this matter be now, put up before Single Bench, for decision on merits” C.R.No.1474 of 1988 was put up before the learned Single Bench who had decided it on 04.7.2007, in which it was held that in view of the law laid down in Vinod Kumar Vs. Prem Lala AIR 2003 (S.C.) 3854 and Rakesh Wadhawan and others Vs. M/s Jagdamba Industrial Corporation and others (2002) 5 SCC 440, which hold the field, eviction order has to be set aside and the matter has to be remanded back to the Rent Controller to determine the arrears of rent along-with the interest payable thereon and the costs which are required to be paid by the tenant by fixing a date of hearing for the said purpose. Thereafter an opportunity will be provided to the tenant- petitioner for making a tender. The Rent Controller will be at liberty to pass the eviction order in case of non-payment of rent in view of the law laid down in Rakesh Wadhawan's Case (supra). The learned Single Bench directed the parties to appear before the Rent Controller . Similarly in C.R.No.504 of 2002, similar dispute was involved in which notice of motion was issued on 25.1.2002 and eviction order was stayed. On 28.7.2003, the following order was passed:- “Adjourned sine die. To be listed after the decision of Civil Revision No. 1474 of 1988.”. Thereafter, as observed above, the matter went to the Full CR No.4522 of 1999 (O&M) 4 Bench of this Court and ultimately, C.R.No.1474 of 1988 was decided by the learned Single Bench vide his order dated 04.7.2007. Similar is the position in C.R.No.5589 of 2002 In view of the fact that conflict has already been settled in the cases of Vinod Kumar (Supra) and Rakesh Wadhawan (Supra), all the three revision petitions are disposed of and the matters are remanded back to the Rent Controller to decide the same afresh keeping in view the decision of learned Single Bench of this Court passed in C.R.No. 1474 of 1988 decided on 4.7.2007. The parties in person or through their counsel are directed to appear before the Rent Controller on 11.7.2011. The photo-copy of order be placed on the files of other connected matters. 18.5.2011 (RAKESH KUMAR JAIN) RR JUDGE