S.K. SHARMA Vs. PRAN SETH

JUDGEMENT

(1.) THIS is tenant's revision petition against whom eviction order has been passed under section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act").

(2.) THE landlord filed a petition under section 13-A of the Act on the ground that he has retired from the Union of India in the department of Tourism on November 30, 1980 and is, therefore, a specified landlord. In pursuance to the notice issued, the tenant put in appearance and filed an application on 21.11.1987 seeking leave to contest the petition. The leave was granted by the Court vide order dated 26.10.88. In pursuance to the leave granted, the tenant filed written statement taking plea that there does not exist relationship of landlord and tenant between the parties. He further averred that he in fact, took the premises on rent in dispute w.e.f. February, 1981. Since the landlord is stated to have retired from 30.11.80, so he is not a specified landlord and the petition is liable to be dismissed on this amount.

(3.) THE Rent Controller on the basis of evidence returned finding in respect of issue No. 1 in favour of the landlord. The Rent Controller came to the finding that the landlord retired from government service on 30.11.80 as is evident from the certificate of retirement Exhibit A-1. It also came to the finding the premises were let out to the tenant by his father-in-law in October, 1979 at a monthly rent of Rs. 575/- who, in fact, had been issuing cheques for this payment in favour of the landlord as is evident from the copy of statement of accounts Exhibit P-3 placed on record by the bank. The Rent Controller thus having come to the conclusion that the landlord is a specified landlord ordered for eviction of the tenant from the rented premises under section 13-A of the Act.