Subash Chand v. a Kamlesh Verma
Case Details
(O&M) CR-9531-2025 (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR CR-9531-2025 (O&M) Decided on :- 23.12.2025 Decided on : Subash Chand ....Petitioner VERSUS a Kamlesh Verma ....Respondent
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Mr. Ashish Kumar, Advocate for Mr r. Parveen Chauhan, Advocate for the petitioner Advocate for the petitioner. MANDEEP PANNU J (Oral). MANDEEP PANNU -.- 1. The present civil revision petition has been filed under Article 227 of The present civil revision petition has been filed under Article 227 of The present civil revision petition has been filed under Article 227 of The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.10.2025 passed by the the Constitution of India for setting aside the order dated 16.10.2025 passed by the the Constitution of India for setting aside the order dated 16.10.2025 passed by the the Constitution of India for setting aside the order dated 16.10.2025 passed by the learned Rent Controller, S.A.S. Nagar (Mohali), whereby the defence of the learned Rent Controller, S.A.S. Nagar (Mohali), whereby the defence of the learned Rent Controller, S.A.S. Nagar (Mohali), whereby the defence of the learned Rent Controller, S.A.S. Nagar (Mohali), whereby the defence of the petitioner-tenant was st tenant was struck off in Rent Petition No. 60 of 2024 ruck off in Rent Petition No. 60 of 2024, titled “Kaml lesh Verma Vs. Suba ash Chand”. 2. The short question involved in the present revision petition is whether The short question involved in the present revision petition is whether The short question involved in the present revision petition is whether The short question involved in the present revision petition is whether the learned Rent Controller was justified in striking off the defence of the the learned Rent Controller was justified in striking off the defence of the the learned Rent Controller was justified in striking off the defence of the the learned Rent Controller was justified in striking off the defence of the petitioner without first deciding the application filed by him seeking supply of petitioner without first deciding the application filed by him seeking supply of petitioner without first deciding the application filed by him seeking supply of petitioner without first deciding the application filed by him seeking supply of and the documents annexed therewith, which were copy of the rent petition and the documents annexed therewith, which were and the documents annexed therewith, which were copy of the rent petition essential for filing an effective and meaningful written statement. Since the essential for filing an effective and meaningful written statement. Since the essential for filing an effective and meaningful written statement. Since the essential for filing an effective and meaningful written statement. Since the controversy lies in a narrow compass and arises purely from the record, no notice controversy lies in a narrow compass and arises purely from the record, no notice controversy lies in a narrow compass and arises purely from the record, no notice controversy lies in a narrow compass and arises purely from the record, no notice he present revision petition is being is required to be issued to the respondent and the present revision petition is being he present revision petition is being is required to be issued to the respondent and t decided at this stage itself. decided at this stage itself. TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document (O&M) CR-9531-2025 (O&M) -2- - 3. A perusal of the impugned order and the material available on record A perusal of the impugned order and the material available on record A perusal of the impugned order and the material available on record A perusal of the impugned order and the material available on record reveals that after entering appearance, the petitioner had specifically moved an reveals that after entering appearance, the petitioner had specifically moved an reveals that after entering appearance, the petitioner had specifically moved an reveals that after entering appearance, the petitioner had specifically moved an the rent petition and the documents relied application seeking supply of copy of the rent petition and the documents relied the rent petition and the documents relied application seeking supply of copy of landlord. The petitioner had pleaded that without the upon by the respondent-landlord. The petitioner had pleaded that without the landlord. The petitioner had pleaded that without the upon by the respondent pleadings and annexures, he was not in a position to understand the case set up pleadings and annexures, he was not in a position to understand the case set up pleadings and annexures, he was not in a position to understand the case set up pleadings and annexures, he was not in a position to understand the case set up It is evident from the record against him or to file an effective written statement. It is evident from the record against him or to file an effective written statement. against him or to file an effective written statement. that the said application remained undecided and the copies of the rent petition and that the said application remained undecided and the copies of the rent petition and that the said application remained undecided and the copies of the rent petition and that the said application remained undecided and the copies of the rent petition and documents were not supplied to the petitioner. Despite this position, the learned documents were not supplied to the petitioner. Despite this position, the learned documents were not supplied to the petitioner. Despite this position, the learned documents were not supplied to the petitioner. Despite this position, the learned petitioner on the ground Rent Controller proceeded to strike off the defence of the petitioner on the ground Rent Controller proceeded to strike off the defence of the Rent Controller proceeded to strike off the defence of the filing of written statement. of non-filing of written statement. 4. Striking off the defence is a drastic consequence and affects the Striking off the defence is a drastic consequence and affects the Striking off the defence is a drastic consequence and affects the Striking off the defence is a drastic consequence and affects the valuable right of a party to contest the proceedings. Such power is required to be valuable right of a party to contest the proceedings. Such power is required to be valuable right of a party to contest the proceedings. Such power is required to be valuable right of a party to contest the proceedings. Such power is required to be t is deliberate and contumacious. In exercised sparingly and only where the default is deliberate and contumacious. In t is deliberate and contumacious. In exercised sparingly and only where the defaul the present case, the petitioner had already approached the Court seeking supply of the present case, the petitioner had already approached the Court seeking supply of the present case, the petitioner had already approached the Court seeking supply of the present case, the petitioner had already approached the Court seeking supply of essential pleadings and documents, and until such material was made available, the essential pleadings and documents, and until such material was made available, the essential pleadings and documents, and until such material was made available, the essential pleadings and documents, and until such material was made available, the enforced against him. The failure obligation to file a written statement could not be enforced against him. The failure obligation to file a written statement could not be obligation to file a written statement could not be to first decide the application seeking supply of documents and the subsequent to first decide the application seeking supply of documents and the subsequent to first decide the application seeking supply of documents and the subsequent to first decide the application seeking supply of documents and the subsequent striking off of defence reflects a mechanical exercise of jurisdiction. striking off of defence reflects a mechanical exercise of jurisdiction. striking off of defence reflects a mechanical exercise of jurisdiction. 5. This Court is of the considered view that the impugned order dated This Court is of the considered view that the impugned order dated This Court is of the considered view that the impugned order dated This Court is of the considered view that the impugned order dated 10.2025 has been passed without proper application of mind to the facts and 16.10.2025 has been passed without proper application of mind to the facts and 10.2025 has been passed without proper application of mind to the facts and 10.2025 has been passed without proper application of mind to the facts and circumstances of the case and has caused serious prejudice to the petitioner. The circumstances of the case and has caused serious prejudice to the petitioner. The circumstances of the case and has caused serious prejudice to the petitioner. The circumstances of the case and has caused serious prejudice to the petitioner. The order, therefore, suffers from material irregularity and warrants interference in order, therefore, suffers from material irregularity and warrants interference in order, therefore, suffers from material irregularity and warrants interference in order, therefore, suffers from material irregularity and warrants interference in rvisory jurisdiction under Article 227 of the Constitution of India. exercise of supervisory jurisdiction under Article 227 of the Constitution of India. rvisory jurisdiction under Article 227 of the Constitution of India. exercise of supe 6. Accordingly, the present civil revision petition is allowed. The Accordingly, the present civil revision petition is allowed. The Accordingly, the present civil revision petition is allowed. The Accordingly, the present civil revision petition is allowed. The impugned order dated 16.10.2025 passed by the learned Rent Controller, S.A.S. impugned order dated 16.10.2025 passed by the learned Rent Controller, S.A.S. impugned order dated 16.10.2025 passed by the learned Rent Controller, S.A.S. impugned order dated 16.10.2025 passed by the learned Rent Controller, S.A.S. TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document (O&M) CR-9531-2025 (O&M) -3- - the petitioner, is hereby set aside. The Nagar (Mohali), striking off the defence of the petitioner, is hereby set aside. The the petitioner, is hereby set aside. The Nagar (Mohali), striking off the defence of tenant is granted one effective opportunity to file his written statement petitioner-tenant is granted one effective opportunity to file his written statement tenant is granted one effective opportunity to file his written statement tenant is granted one effective opportunity to file his written statement within a period of fifteen days from the date of receipt of a certified copy of this within a period of fifteen days from the date of receipt of a certified copy of this within a period of fifteen days from the date of receipt of a certified copy of this within a period of fifteen days from the date of receipt of a certified copy of this order, subject to payment of costs of Rs.5,000/- order, subject to payment of costs of Rs. landlord. In case to the respondent-landlord. In case of failure to comply with the above condition within the stipulated period, the of failure to comply with the above condition within the stipulated period, the of failure to comply with the above condition within the stipulated period, the of failure to comply with the above condition within the stipulated period, the learned Rent Controller shall be at liberty to proceed in accordance with law. learned Rent Controller shall be at liberty to proceed in accordance with law. learned Rent Controller shall be at liberty to proceed in accordance with law. 7.
Decision
Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. 2025 December 23, 2025 tripti ( (MANDEEP PANNU) JUDGE speaking : Speaking Whether speaking/non-speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document