LT COL DHARAM SINGH Vs. MADAN LAL KAPOOR

JUDGEMENT

(1.) SUCCINCTLY, the facts leading to this Review Application are that the landlord sought the ejectment of the tenant under Section 13-A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, claiming that he is a specified landlord and does not own and possess any other suitable accommodation in the local area of Jalandhar City. The Rent Controller declined the ejectment on the ground that the premises were not bonafidely needed by the landlord, though it was found that he was the specified landlord.

(2.) WHEN the Revision Petition came up for hearing against the order of the Rent Controller, it was contended that the landlord was living in a village hardly at a distance of 2 K. Ms. from Jalandhar and his requirement of shifting to Jalandbar is not bonafide particularly when he has entered into an agreement of same with the tenant. On that premises, it was pleaded that the landlord was living in a village 2 K. Ms away and a finding was returned that the landlord did not own and possess any other suitable accomodation in the locality within the municipal limits of Jalandhar. The ejectment order was passed.

(3.) THE applicant sought the review of the ejectment order on the ground that on the basis of documents sought to be placed on record, Village Dhannowali was a part of Municipal Corporation. In order to support the contention that village Dhannowali formed a part of Municipal Corporation area of Jalandhar as far back as August 4, 1979, a site plan prepared by the Municipal Committee showing the territorial jurisdiction of the Corporation was placed on record. It was contended that the applicant did not know that Village Dhannowali was a part of Municipal Corporation and consequently could not take this plea either before the Rent Controller or even in this court. It is after the pronouncement of the judgment that the tenant came to know that Village Dhannowali formed part of Municipal Corporation of Jalandhar City. This acquisition of knowledge is a new and important fact and is sufficient to review the order passed. Since an error apparent on the face of the record has crept in as a finding has been returned that Village Dhannowali is not a part of Municipal Corporation which is factually incorrect.