CR No.1476 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNAJB AND HARYANA AT CHANDIGARH. *** CR No.1476 of 2011 (O&M) Decided on 12.05.2011. Vishav Bandhu Uppal --Petitioner vs. Harbhajan Lal and another --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Neeraj Sobti & Mr.Vikas Sagar,Advocates, for the petitioner Mr.Sharan Sethi,Advocate, for respondent Nos.1 and 2 RAKESH KUMAR JAIN, J: (Oral) This revision petition is directed against the order of Rent Controller, Chandigarh, dated 05.1.2011, by which an application filed by the tenant for framing an additional issue as to “whether the alleged lease deed dated 26.4.2005 was not entered on account of unlawful coercion, circumstantial duress, tainted consent and undue pressure, caused/created by notification No.1986-UT-F I (1)- 2002/9055 dated 07.11.2002? OPP”, has been declined on the ground that the jurisdiction to decide this issue is of the Civil Court and not of the Rent Controller. Learned counsel for the petitioner has submitted that the CR No.1476 of 2011 (O&M) 2 landlord has filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act') for his eviction from the ground floor of SCO No. 1072-1073, Sector 22-B,Chandigarh, inter-alia, on the ground of non-payment of rent. The landlord, in order to prove the relationship of landlord and tenant between the parties, executed a lease deed dated 26.4.2005 registered with sub- registrar, Chandigarh Administration, Chandigarh and entered at Sr. No. 416, Book No.1,Vol. 146 on 26.4.2005, on a monthly rent of `23,000/- excluding water and electricity charges. In reply, the petitioner/tenant urged that “the said Lease Deed dated 26.4.2005 was the effect of tainted consent of the respondent due to coercion, duress of the circumstances caused/created by Notification No. 1986-UT-F-I (1)-2002/9055, dated 07.11.2002, issued by the Government of India, in exercise of powers under Section 3 of the East Punjab Urban Rent Restriction Act (Extension to Chandigarh) 1974 for which a Civil Suit dated 21.5.2007 was previously filed by the respondent (Challenging the said Lease Deed) which is pending in the Court of Sh.Sumeet Ghai, Civil Judge (JD), UT, Chandigarh. However, the Rent Controller framed the following issues on 12.1.2009:- “i. Whether the respondent is liable to be ejected from the tenanted premises on the ground of non-payment of rent ? OPP ii. whether the petitioner has not approached this Hon'ble Court with clean hands if so its effect ? OPR CR No.1476 of 2011 (O&M) 3 iii. Whether the petitioner is estopped from his own act and conduct ? OPR iv. Relief”. Learned counsel for the petitioner submitted that once a categoric stand has been taken in the written statement about the execution of the lease deed under duress and coercion, it was incumbent upon the Rent Controller to frame the said issue for the purpose of leading evidence in that regard, but he (Rent Controller) has rejected the application only on the ground that since the said issue is there in the Civil Suit which has been filed by the tenant prior to the filing of the rent petition, it would be decided by the Civil Court and not by him. In reply, learned counsel for the respondent/landlord has taken the same stand on which the Rent Controller has decided the application of the tenant. I have heard both the learned counsel for the parties and perused the record with their assistance and am of the opinion that once there is a conflicting pleading, the Court below is obliged to find out as to what is the dispute between the parties which is required to be resolved and for that matter, an issue has to be framed . Even if the said issue is involved in the Civil Suit, the Rent Controller is not debarred from deciding the said issue in the rent petition as the tenant has basically relied upon the lease deed in order to establish his relationship of landlord and tenant between the parties. CR No.1476 of 2011 (O&M) 4 In view of the above, the present revision petition is allowed. No costs. 12.05.2011 (RAKESH KUMAR JAIN) RR JUDGE