GURBUX SINGH Vs. KISHAN CHAND AND ANR.

JUDGEMENT

(1.) The petitioner is a landlord who filed an eviction petition against the respondents on 7th April, 1979 on the ground covered by clause (e) of Sec. 14(1) of the Delhi Rent Control Act. The need was based on the forthcoming retirement of the petitioner on 31st August, 1980. The respondents applied for leave and by an order dated 13th September, 1979 were granted leave to contest, on all grounds except those set out in paras 5 and 13 of the application for leave to contest.

(2.) One of the grounds on which the leave to contest was granted was the plea that the eviction petition was premature having been filed without a present cause of action as the date of retirement giving rise to the need of the premises was 31st August, 1980, more than one year after the filing of the petition.

(3.) After the grant of leave to contest, on this among grounds, the learned Rent Controller proceeded to consider the ground of prematurely of the eviction application, there and then and by an order of the same day, i.e. 13th September, 1979 found the eviction petition premature and dismissed the same. In the circumstances, no other ground came to be considered. It is against this order that the present petition has been preferred.