Law: Punjab Rented Premises Act, 2009

Section: 21,22

Punjab Rented Premises Act (VII of 2009)--- ----Ss. 21 & 22---Eviction petition---Willful default---Failure of the tenant to move for leave to contest within prescribed time---Notice to the tenant was not served as required by law---Trial Court initiated the eviction petition as an ordinary civil suit but passed eviction order under Punjab Rented Premises Act, 2009---Act of the Court---Effect---Petitioner/tenants contended that Trial Court treated the eviction petition as civil suit which caused failure to move application for leave to contest, so eviction order against them was illegal---Landlord contended that eviction order was right as the tenants had failed to move application for leave to contest within time which was mandatory for resisting the eviction petition---Validity---Record revealed that procuring the attendance of the tenants was not in accordance with the law---Section 21 of the Punjab Rented Premises Act, 2009 stipulated that Rent Tribunal would issue notice in the form prescribed as per Schedule appended with the Act, for a date not later than ten days through process server, registered post acknowledgment due and courier and such notice should accompany the copies of the application and the annexed documents---Section 22 of the Act provided that tenants were obliged to submit application for leave to contest within ten days from their first appearance in the Court but the accumulative effect of both the provisions was that consequences would only come into play when the tenants were served with the process as required under S. 21 of the Punjab Rented Premises Act, 2009---Trial Court, while taking cognizance of the proceedings, treated the eviction petition as an ordinary suit and after assigning the same a number of civil suit, proceeded with the eviction petition as civil court---Mandatory provisions of Ss. 21 & 22 of the Punjab Rented Premises Act, 2009 were not taken into consideration so there was possibility that the tenants were under the impression that they were defending the civil suit---Once court itself had treated the eviction petition as civil suit and proceeded as such, the tenants were surely taken by surprise…

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