RAM BILAS Vs. AMRIK SINGH BEDI

JUDGEMENT

(1.) The tenant-petitioner has filed the present revision petition assailing the correctness of order passed by learned Rent Controller, Phagwara dated 9.1.2017 while dismissing application filed by the tenant seeking leave to contest under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the '1949 Act').

(2.) At the outset it must be noticed that the respondent-landlord has filed a petition seeking ejectment of the tenant under Section 13-A of the 1949 Act with assertion that he is owner of the shop and such shop is required for his bona fide need as he wants to run a business of confectionery from the premises in dispute. The landlord claimed that since he has retired on 8.4.2015 from the office of Sub Registrar, Phagwara as Junior Assistant, therefore, he is entitled to maintain the petition under Section 13-A.

(3.) At this stage, it would be significant to note that a special provision has been added under Section 13-A of the 1949 Act for the specified landlords enabling them to seek eviction of their tenant by following a summary procedure. Section 13-A of the 1949 Act is extracted as under:- "Section 13-A. Right to recover immediate possession of residential or scheduled building to accrue to certain persons:- Where a specified landlord at any time, within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he does not own and possess any other suitable accommodation in the local area in which he intends to reside to recover possession of his residential building or scheduled building, as the case may be, for his own occupation, there shall accrue, on and from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary, a right to recover immediately the possession of such residential building or scheduled building or any part or parts of such building if it is let out in part or parts: