Jaswant Singh, J. (Oral).
The landlady is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 assailing the order dated 22.7.2011(P7) passed by the learned Rent Controller, Chandigarh whereby her application dated 31.5.2011 (P5) for directing the eviction of the tenants from the demised premises for non-payment of rent for periods beyond the date of passing of the order dated 18.10.2008 (P3) assessing the arrears of provisional rent, has been dismissed.
It is not in dispute that in terms of the order dated 18.10.2008 (P3) the arrears of provisional rent assessed alongwith interest and costs were duly paid. However, reliance is being placed on the order (P3) whereby towards the concluding portion it was directed that the tenants shall also continue to pay rent during the pendency of eviction proceedings, so as to make out a case for straightway eviction for non-payment of rent for periods after the passing of order (P3).
At the time of arguments, learned counsel for the tenants/respondents submits that as on date no rent in terms of the order dated 18.10.2008 is due till December 2012. He further concedes that on certain occasions after passing of order (P3), the tenants have not paid the rent on due dates. He, however, submits that there was no such specific direction whereby payment of rent in advance or by the end of each month was required to be made to support the plea of outright eviction.
Be that as it may, without going into the relative merits of the contentions, counsel for the parties are agreed that this petition be disposed of with the direction that on the next date of hearing before the Rent Controller, Chandigarh i.e on 15.1.2013 the remaining cross-examination of the petitioner/landlady shall be concluded by the tenants and thereafter all endeavours shall be made to conclude the evidence of the tenants within 6 months.
The joint prayer made by the learned counsel for the parties is reasonable and liable to be accepted, however, with a slight modification inasmuch as it would be appropriate to direct the learned Rent Controller, Chandigarh to decide the rent application of the landlady pending since the year 2007 within a time frame by granting limited opportunities rather than binding it down to certain dates for specific purposes.
Accordingly, in view of the above, this petition is disposed of by directing the learned Rent Controller, Chandigarh to dispose of the rent application of the landlady expeditiously by granting limited opportunities and preferably by 31.7.2013
Disposed of in above terms.