Narotama Sharma vs Jai Dev Malhotra

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Sandeep Sharma, J

By way of instant petition filed under Article 227 of the Constitution of India read with Section 28 of the Urban Rent Control Act, 1987, prayer has been made by the petitioner-tenant to transfer CMA No. 227 of 2023, Narotama Sharma v. Jai Dev Malhotra, pending adjudication before the learned appellate authority (IV), Shimla, to any other appellate authority.

Having regard to the nature of order proposed to be passed in the instant petition coupled with the fact that notice in the appeal sought to be transferred, is yet to be issued, there appears to be no justification to issue notice to the respondent, who in the event of notice being issued, would be unnecessarily compelled to engage a lawyer to defend himself in the instant proceedings, which can be otherwise disposed of on the basis of material available on record.

Having heard learned counsel for the petitioner and perused material available on record, this Court finds that being aggrieved and dissatisfied with judgment dated 21.3.2023, passed by the learned Rent Controller, whereby rent petition No. 54- 2 of 2011 Jai Dev Malhotra v. Prem Chand, having been filed by the respondent-landlord has been allowed, petitioner-tenant has filed appeal under Section 24 of the HP Urban Rent Control Act in the court of learned appellate Authority-IV, but since aforesaid court is lying vacant for a considerable time on account of transfer of Presiding Officer, prayer has been made by the petitioner-tenant to transfer her case to some other court so that appeal is heard and decided on its own merits expeditiously.

Since appellate authority (IV), before whom, appeal sought to be transferred, has been filed, is lying vacant coupled with the fact that notice in the appeal sought to be transferred is yet to be issued, there appears to be no impediment in accepting the prayer made in the instant petition.

Consequently, in view of the above, present petition is allowed and CMA No. 227 of 2023 which is pending adjudication in the court of Appellate Authority (IV,) Shimla is ordered to be transferred to Appellate Authority (I), Shimla, forthwith. Learned counsel for the petitioner undertakes to cause presence of his client before the Appellate Authority (I), Shimla on 26.5.2023, enabling him to proceed further with the matter. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any.