JOGINDER SINGH BAJWA Vs. KULDIP SINGH

JUDGEMENT

(1.) The question involved in this revision petition is about the status of Kuldip Singh landlord as a specified landlord as defined under the East Punjab Urban Rent Restriction Act.

(2.) Kuldip Singh retired from the post of Inspector from the office of the Central Excise Department on 21/09/1975 on superannuation. He claimed ejectment of his tenant Joginder Singh Bajwa from house No, 110-C, Model Town, Patiala. Some portion was stated to be given on rent and some portion was occupied by the tenant forcibly. It was alleged that since October 1975 the respondent was a tenant on monthly rent of Rs. 350/ -. After his retirement he wanted to occupy the house in dispute for his own residence. The tenant-Joginder Singh Bajwa moved an application for leave to defend the case, inter alia, admitting the date of retirement of the landlord and that inception of the tenancy was with effect from 12/10/1975 and rate of rent being Rs. 350.00 per mensem. However, it was alleged that Kuldip Singh was not a specified landlord. It is not necessary to refer to other pleadings. In the written statement also the tenant admitted these facts. The landlord filed a reply to the application of the tenant and contested the same alleging that it was in 1973 that the premises were let out to the tenant i.e. prior to his retirement. The Rent Controller rejected the application for leave to defend. However, revision filed by the tenant in this Court was allowed (C.R. No. 2941 of 1986) and leave to contest the application was granted by the High Court vide its order dated 8/05/1987. The Rent Controller thereafter framed following issues :-

(3.) After the evidence was recorded under issue No. 1, the landlord was held to be a specified landlord. Under issue No. 2 it was held that the present petition was not barred by res judicata. Under issue No. 3 the landlord was held entitled to order of ejectment of the tenant. Hence the impugned order was passed on 29/11/1988 by the Rent Controller, Patiala, which is under challenge in this revision petition.