DEVBRATSHARMA Vs. JAGJIT MEHTA

JUDGEMENT

(1.) This appeal by a specified landlord under the East Punjab Urban Rent Restriction Act is directed against the judgment of the Punjab and Haryana High court by which the order of eviction passed by the Rent Controller has been set aside and the application under S. 13-A of the landlord has been dismissed.

(2.) The premises in dispute form part and parcel of a residential house standing on Ladowali Road, Jalandhar City in Punjab State. The landlord asked for eviction on the ground that the premises were required for his use and occupation as following his retirement from government service he wanted to set up practice as an advocate at Jalandhar and intended to put up his chambers in the premises.

(3.) On 28/11/1988 while special leave was granted, the matter was ordered to be placed before a three Judge bench. In view of the submissions advanced at the earlier hearing, this court directed the Rent Controller to make a report after hearing parties as to whether any sanctioned scheme was operative within Jalandhar City as envisaged by law to make the ratio of several decisions with reference to Chandigarh applicable to the present case. The Controller has reported that no such scheme exists.