PRITAM SINGH Vs. LAKHBIR SINGH

JUDGEMENT

(1.) THIS is a tenant's revision and has been directed against the order dated 15.2.2001 passed by the Appellant Authority, Ludhiana which dismissed the appeal of the petitioner/tenant holding that the same was not competent.

(2.) SOME facts can be noticed in the following manner :- Lakhbir Singh respondent earlier filed a petition under Section 13-A of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) for eviction of Pritam Singh from the building consisting of one room with verandah, open space and deodi part of building No. B-XI-429, situated in Field Ganj, Kucha Harnam Dass, Ludhiana, fully described in the head-note of the petition. The notice of the petition was given to the respondent-tenant Pritam Singh, who filed an application for permission to contest the petition and the same was allowed by the Rent Controller on 1.6.1997. When the proceedings were pending before the Rent Controller, an application was moved under Order 6 Rule 17 CPC by the respondent-landlord praying that the ejectment petition earlier filed under Section 13-A of the Act No. 3 of the 1949 may be treated in the alternative as an application under Section 13 of the Act. This application was allowed vide order dated 13.9.1989 passed by the Rent Controller. The order runs as follows :-

(3.) FINALLY , the Rent Controller gave specific findings on various issues and vide order dated 31.10.2000 passed the ejectment order against the petitioner/tenant and gave him two-month time to vacate the demised premises.