Dispose of senior citizen's case expeditiously: Punjab and Haryana High Court to rent controller

Saurabh Malik

Tribune News Service

Chandigarh, December 21

Virtually rapping the court of a rent controller for showing “over indulgence” to a tenant in liberally granting adjournments, the Punjab and Haryana High Court has asserted that it should have been sensitive to a senior citizen’s plight.

Directing the rent controller to dispose of the matter expeditiously, Justice HS Madaan also made it clear that a serious view would be taken against him/her in case it was found that adjournments were still granted liberally. Justice Madaan also directed the forwarding of the order’s copy for compliance to the rent controller concerned through Ludhiana District and Sessions Judge. Justice Madaan was hearing a civil revision petition by a 73-year-old woman. She was aggrieved by the slow pace of proceedings in the “ejectment petition” filed against the respondent-tenant.

Keeping in view the nature of request, Justice Madaan asserted that the court did not feel the necessity of issuing notice to the respondent. After hearing the petitioner’ counsel and going through the record, especially the interim orders, Justice Madaan asserted that issues were framed in November 2018 and the case was fixed for the petitioner’s evidence.

The interim orders thereafter showed that an application for amendment to the written reply was filed on respondent-tenant’s behalf, which was decided vide order dated May 14, 2019, after four months and several dates. The case then stood adjourned twice for filing amended written reply. The case was fixed for the petitioner’s evidence again. The affidavit of a witness was filed on September 9, 2019, and of another on October 22, 2019. But their cross examination could not be got completed for several dates.

Justice Madaan added that the courts’ functioning was affected for some time following Covid outbreak. But a perusal of the interim orders showed every attempt was made on the respondent’s behalf to stretch the proceedings with his counsel either praying for adjournment or not being present in the court when the case was listed.

“The rent controller has shown over indulgence to the respondent in granting adjournments liberally, which fact cannot be appreciated. The rent controller should have been sensitive to the plight of a senior citizen,” Justice Madaan added.

Justice Madaan directed the rent controller to dispose of the rent petition expeditiously by giving short adjournments and disallowing requests for adjournments, except for “very compelling reasons to be recorded in the interim orders”.

“If it is found that the respondent is still trying to stretch the proceedings by not cross examining the petitioner’s witnesses, the rent controller may think of either appointing some legal aid counsel to represent the respondent to conduct proceedings on his behalf or close the cross examination by order,” Justice Madaan added.