PRIT PAL SEHGAL Vs. GOBIND KANT RANGA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Rent Controller, Karnal dated September 18, 1992 allowing the application of the respondent land lord for treating the original application for eviction filed under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, the Act) as the one under Section 13-A (1-A) ibid.

(2.) THE landlord-respondent (hereinafter the 'landlord' originally filed an application for eviction of the tenant-petitioner (hereinafter the tenant) under Section 13 of the Act on the ground that he needed the demised premises for personal use and occupation and it was registered as Rent Application No. 25/2 of 1990 dated August 18. 1989. He was in the service of Haryana Government and retired therefrom in August 31, 1989. The Act was amended by the Haryana Urban (Control of Rent and Eviction) Amendment Act, 1990 (Haryana Act No. 10 of 1990) and after sub-section (1) of Section 13-A Subsection (1-A) was inserted with effect from April 21, 1990. Subsection (1-A) reads thus :

(3.) A perusal of the interim order dated October 31, 1991 passed by the Rent Controller reveals that the Rent Controller had taken cognizance of the application dated October 31, 1991, on the same day and the interim order reads thus : "an application under section 13-A (1) (a) Haryana Urban Rent and Control Eviction Act filed Copy given. To come up on 15-11-1991 for reply and arguments. " While disposing of this application, the Rent Controller dealt with an application dated July 16, 1990 purporting to be under Section 13-A (1-A) of the Act. This fact is apparent from the certified copy of the application appended to the revision petition as Anuexure P-2. The tenant challenged the order of the Rent Controller permitting the landlord to amend his original petition under Section 13 as the one under Section 13-A (1-A) of the Act on the ground that the application was not filed within one year of the date of retirement of the landlord.