Ravinder Nath Sharma vs Sat Pal Anand and Others

Jaswant Singh, J.—The landlord is in revision assailing the order dated 02.05.2014 (Annexure P-3) passed by the learned Rent Controller, Chandigarh vide which his application for appointment of Local Commissioner for ascertaining the prevalent condition of the demised premises i.e. House No. 3071, Sector 22-D, Chandigarh, has been dismissed.

It is averred that the landlord has filed an application u/s 13 of the Punjab Urban Rent Restriction Act, 1949 seeking eviction of the tenant from the entire first floor of House No. 3071, Sector 22-D Chandigarh, inter alia, on the ground that the building is unsafe and unfit for human habitation.

At the time of hearing, learned counsel for the petitioner-landlords admits that no serious challenge can be made on the conceded settled legal principle that it is not for courts to collect evidence on behalf of the parties. However, he restricts his prayer for direction to the learned Rent Controller to decide the pending eviction application expeditiously.

Having heard learned counsel for the petitioner, this Court finds no basis to issue such directions. It is apparent that the matter has been got delayed on account of the application filed by landlord for seeking appointment of a Local Commissioner. There is no material on record to show that the learned Rent Controller or the tenant is in any way responsible for the delay with the conclusion of the pending eviction application.

In view of the above, finding no merit in this revision petition, the same is hereby dismissed.