AIR 1981 PUNJAB AND HARYANA 263 ::(1987) 2 RenCR 317 ::(1981) 2 RentLR 659

Punjab And Haryana High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND S. P. Goyal , J

East Punjab Urban Rent Restriction Act (3 of 1949) , S.16, S.17— Power of Rent Controller to try any issue before him as preliminary - Absence of such power in Act - Rent Controller is not impliedly debarred under the Act from trying any issue as preliminary one. Civil P.C. (5 of 1908) , O.14 R.1, O.14 R.2— Haryana Urban (Control of Rent and Eviction) Act (11 of 1973) , S.16— The Rent Controller cannot be impliedly debarred from trying any issue in @page-PunjHar264 the proceedings before him as a preliminary one merely because the Act does not expressly provide at all for the framing of issues or trying any one of them as a preliminary one as the Rent Controller is free to devise his own procedure in the field or area not covered by Section 16. Therefore, no bar express or implied can possibly be raised with regard to his competence to try one of the issues framed by him as preliminary one even the very framing of issues is not compulsory for the Rent Controller when exercising jurisdiction under the closely analogous provision of the Haryana Urban (Control of Rent and Eviction) Act (11 of 1973).