ZENOBIA BHANOT Vs. P K VASUDEVA

JUDGEMENT

(1.) The appellant in the appeals is one Smt. Zenobia Bhanot, wife of late Sri S. N. Bhanot (hereinafter referred to as the 'landlady). The respondents are (1) Sri P. K. Vasudeva and (2) Sri Surinder Sharma (hereinafter referred to as the tenants). One Sri S. N. Bhanot, IAS, who was working as Commissioner in the Government of Haryana, retired on 31-8-1975. He died on 5-1-1985. The appellant is his widow. Late Sri S. N. Bhanot owned a building-House No. 2, Sector 18-A, Chandigarh. The said building was let out in four portions to four separate tenants. They are-(1) Sri Bhupinder Singh (one room), (2) Dr. (Mrs.) S. K. Gill (two rooms), (3) Sri P. K. Vasudeva (two rooms, kitchen, toilet, verandah, bathroom, etc.) and (4) Sri Surinder Sharma (two rooms, kitchen, verandah, toilet, etc.)

(2.) The East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') is applicable in the city of Chandigarh. The said Act was amended by the East Punjab Urban Rent Restriction Amendment) Act, 1985 (Act No. 2 of 1985). The Amendment Act received the assent of Governor of Punjab on 15-11-1985 and published by notification dated 16-11-1985. The said amendment was adopted for the Union Territory of Chandigrah on 15-12-1986 by Notification No. GSR 1287 (E) dated 15-12-1986.

(3.) In the appeals, we are concerned with the scope of Section 13A of the Act, as amended. By the said provision a right was conferred on a "specified landlord" to recover immediate possession of residential or scheduled building. It will be useful to extract the relevant provision of the Act, applicable in this case, to adjudicate the controversy posed herein:-