D N MALHOTRA Vs. KARTAR SINGH

JUDGEMENT

(1.) This is an appeal by special leave against the judgment and order passed in Civil Revision No. 2371 of 1986 dismissing the revision petition and upholding the order of eviction of the tenant appellant from the house in question.

(2.) The landlord, Kartar Singh filed an application in the court of Rent Controller, Kapurthala under S. 13-A of the East Punjab Urban Rent Restriction (Amendment) Act. 1985. stating inter alia that Dr D. N. Malhotra is a tenant in respect of his house No. 694-BA within Kapurthala Municipality; that he was in arrears of rent since 22/12/1984: that the landlord retired from the service of government of India. Ministry of Defence on 20/05/1949 and his service was thereafter transferred to the Ministry of Rehabilitation from where he was discharged on 30/11/1965 on the abolition of the Ministry that he had no other house within the Municipality and that he wanted the house in question to reside and prayed for ejectment of the tenant-appellant.

(3.) The tenant-appellant on receiving the summons filed an affidavit seeking leave of the court to contest the application stating inter alia that he was inducted as a tenant in the premises in question in the year 1968. that the petitioner had been letting out the premises in question at different intervals to other tenants: that the present application filed by the petitioner-landlord is mala fide and the defendant is entitled to the leave to contest the application on the ground thats. 13-A of the said Act does not entitle the petitioner to maintain the present petition. The Rent Controller granted leave to the tenant to contest the petition on the following ground: