Punjab and Haryana High Court Upholds Applicability of CPC Principles in Rent Controller Proceedings
In a significant ruling, the Punjab and Haryana High Court has upheld the applicability of certain provisions of the Code of Civil Procedure (CPC) in proceedings conducted by Rent Controllers under the Haryana Urban (Control of Rent & Eviction) Act, 1973. The judgment came in response to a civil revision petition challenging the decision of the Rent Controller to decline an application under Order 18 Rule 3-A of the CPC.
The petitioner, Umesh Gupta, had filed the revision petition against an order dated November 1, 2019, passed by the Rent Controller in Rent Petition No.32-Rent of 2018 titled “Monika Singal vs. Umesh Gupta.” The impugned order had declined the application filed by the respondent, Monika Singal, under Order 18 Rule 3-A, CPC.
In its observation, the High Court highlighted the essence of the case, stating, “The issue revolves around the applicability of CPC provisions in Rent Controller proceedings. The petitioner raised objections and filed an application under Order 18 Rule 3-A, CPC, which was declined by the Rent Controller.”
The court referred to the relevant provisions including Section 16 and Section 18 of the Haryana Urban (Control of Rent & Eviction) Act, 1973, along with Rule 7 of the Haryana Urban (Control of Rent & Eviction) Act, 1976, and Section 23 of the Haryana Urban (Control of Rent & Eviction) Act, 1973. The judgment emphasized that while not all provisions of the CPC are applicable to Rent Controller proceedings, certain principles of CPC procedure are to be followed.
“The Rent Controller’s procedure is guided by CPC principles, but not all CPC provisions are applicable. Strict applicability of the CPC provisions is required for summoning and enforcing attendance of witnesses, and for execution of orders,” the High Court noted in its decision.
The court cited the precedent set by the case of “Krishan Kumar Vs. Mohan Lal (since deceased) through his LRs,” 2016(1) Rent LR 106, to establish the principle that only specific provisions of CPC that the Act provides for are applicable to the proceedings under the Haryana Urban (Control of Rent & Eviction) Act, 1973.
Punjab and Haryana High Court upheld the Rent Controller’s decision to decline the application under Order 18 Rule 3-A of the CPC. The civil revision filed by Umesh Gupta was dismissed.
Date of Decision: 07.08.2023
Umesh Gupta vs Monika Singal
