LAWS(P&H)-2011-3-175

CHANDER BHUSHAN ANAND Vs. DEVENDER KUMAR SINGLA

Decided On March 04, 2011
Chander Bhushan Anand Appellant
V/S
Devender Kumar Singla Respondents

JUDGEMENT

(1.) This revision petition is directed against the order dated 19.7.2010 passed' by the learned Rent Controller, Chandigarh, by which an application filed by the tenant under Section 18A(5) of The East Punjab Urban Rent Restriction Act, 1949 (for short, the Act) for leave to defend has been dismissed.

(2.) In brief, the landlord filed an application for eviction before the learned Rent Controller, Chandigarh under Section 13A of the Act, alleging therein that he has purchased the demised premises from earlier owner, namely, G.K. Bhalla on 30.10.2001 and has retired on 31.10.2001 from government service. He requires the demised premises as he is suffering from chest problem and is getting treatment from P.G.I., Chandigarh.

(3.) This application was contested by the tenant by filing an application under Section 18A(5) of the Act, seeking leave to defend, inter alia, on the ground that a petition under Section 13-A of the Act at the instance of the landlord is not maintainable which has been filed only a day after his retirement, sale deed (transfer of ownership rights) has not even been entered in the record of estate office, Chandigarh and as he was not inducted by subsequent purchaser, there is no relationship of landlord and tenant between them.