HARJIT KAUR Vs. SH G K VIJ

JUDGEMENT

(1.) THIS petition is directed against the order of the Kent Controller, Amtitser, dated 8-6-1988, where by leave to contest the ejectment application filed under Section 13-A of the Punjab Urban Rent Restriction Act, 1949, (hereinafter referred to as 'the Act') was dismissed and eviction order was passed against the tenant. The landlords filed the ejectment application inter Section 13 A of the Act on l6-7-1986. The tenant in his written-statement controverted the plea of the landlords and pleaded that they had sufficient accommodation in their possession in the adjoining part of the building and further there was no bona fide desire to settle down at Amritaar, particularly when petitioner No. 1 G. K Vij had retired from service since long back m the year 1968 and since then he had beau, continuously residing at Delhi. The learned Rent Controller found that no cogent challenge could be made prima facie on behalf of the tenant and hence declined leave.

(2.) SUB-SECTION 5 of Section 18a of the Act provides that the Controller may give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the specified landlord from obtaining an order for the recovery of possession of the residential building under Section 13-A. Since the petitioners had retired much earlier, it was a fit case where the necessary relief should have been granted to contest the ejectment application Consequently, this petition succeeds, the impugned order is set aside and the Rent Controller is directed to decide the ejectment application expeditiously in accordance with the provisions of Section 18-A of the Act, which provides, inter alia, that where leave is granted, the Costroller Shall commence the hearing on a date not later than one month from the' date on which the leave is granted to the tenant to contest and shall hear the application from day to day till the hearing is concluded and application decided. Sub-Section 7 further provides that the Rent Controller will follow the practice and procedure of a Count of Small Causes The parties are directed to appear before the Rent Controller, Amritsar, 20-3-1991.