JAGTAR SINGH Vs. ROSHAN LAL

JUDGEMENT

(1.) ROSHAN Lal, a retired Superintendent of Haryana Civil Secretariat (herein after to as the landlord) filed an application under Section 13 A of the East Punjab Urban Rent Restriction Act, 1949, (briefly 'the Act') for the ejectment of his tenant, Jagtar Singh, from House No. HJ-40, Housing Board Colony, Bhai Randhir Singh Nagar, Ludhiana. It was averred that he was the landlord/owner of the said house w. e. f. 18-8-1989, i. e, the date on which the sanction regarding transfer of ownership of the house from the name of his son to his name, was received from the Punjab Housing Board vide Exhibit A-l. It is urged on this basis that with effect from that date, he became a 'specified landlord' in terms of the act and having retired on 31-10-1989 was entitled to seek ejectment of the tenant under Section 13- A thereof.

(2.) IN the reply to the application filed by the landlord, the stand of the tenant-petitioner herein, was that there was no transfer of ownership in the name of landlord as sought to be made out from Exhibit A-l, and if at all, the transfer had been effected, it was only on 12-12-1989 when the hire purchase agreement envisaged by Exhibit A-l was executed by him in favour of the Housing Board. It has been argued that on the date of his retirement i. e. 31. 10. 1989, the owner of the property was not R. L. Anand, but his son Vijay.

(3.) THE Rent Controller discussed the evidence both oral as well as documentry, and came to the conclusion that the ownership of the property sood in the name of R. L. Anand w. e. f. 18-1-1989, and the execution of the hire-purchase agreement, Annexure A-l, was a mere formality to be completed between the Housing Board and the landlord and after 18-8-1989, the earlier owner of the property, i. e. Vijay Anand did not come to the picture at all. On this finding, the eviction of the tenant was ordered. The present petition has been filed impugning the said order.