MOHINDER SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) THIS is tenant's revision petition against the order of Rent Controller dated 29th November, 1988 whereby the permission sought to contest the petition under section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'), was declined.

(2.) BRIEFLY stated the respondent filed an ejectment application under Section 13-A of the Act on the ground that he is a specified landlord who since has retired from the Railway service on 3rd November, 1987. The accommodation with the respondent was stated to be most insufficient and the premises in dispute was required for his own use and occupation. Landlord further averred that he has five sons and three daughters besides his wife. Out of them, three sons and two daughters are married who visit the petitioner occasionally and so the accommodation in his possession is insufficient.

(3.) THE petitioner put in appearance and filed an application under Section 13-A (4) of the Act for permission to contest the ejectment application on the ground that (i) petitioner is not a specified landlord; (ii) that the petition has not been filed in accordance with law; (iii) it is denied that the petitioner requires the property for personal use and occupation and thus, sought permission to contest the ejectment application. The Rent Controller found no merit in any of the contentions raised by the petitioner and so declined the prayer seeking permission to contest the present petition. Resultantly, petition under Section 13-A of the Act was allowed and the tenant was directed to deliver back the possession within 3 months.