ZENOBIA BHANOT Vs. SURINDER SHARMA

JUDGEMENT

(1.) THIS judgment disposes of Civil Revisions No. 3025 and 3040 of 1990 and 3268 of 1989.

(2.) THE precise question of law arising for determination is : what is the scope and effect of Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (for short, the Act) as inserted by Act No: 2 of 1985 with effect from November 15, 19 5. This question has been answered by this Court in Sohan Lal of Patiala v. Col. Prem Singh Grewal, (1989-2) 96 P. L. R. 139. and Bhupinder Singh v. Smt. Zenobia Bhanot, (1990-2) 98 P. L. R. 335,

(3.) REFERENCE to relevant facts has been made from Civil Revision No. 3025 of 1990 for deciding the question of law raised by Sh. S. N. Bhanot, I. A. S , died after his retirement from Government service.-His widow Smt. Zenobia Bhanot filed four separate ejectment application under Section J 3-A of the Act, as amended and applicable to the Union Territory of Chandigarh, for ejectment of her four tenants, namely, Bhupinder Singh, Dr. (Mrs.) S. K. Gill, P. K. Vasudeva and Surinder Sharrna, from different portions of House No. 2, Sector 18-A, Chandigarh. These applications were filed on December 15, 1987, but were tried by different Rent Controllers. Shri Birender Singh, Rent Controller, Chandigarh, decided the application filed against Dr. (Mrs.) S. K. Gill directing her ejectment from two rooms of the house in dispute. Shri Gur Sewak Singh, Rent Controller, Chandigarh on March 15, 1989, directed ejectment of Bhupinder Singh from one of the rooms of the disputed house. The ejectment orders were challenged by the tenants in Civil Revisions No. 1386 of 1989 and 1260 of 1989. The learned Single Judge upheld the order of eviction of Dr (Mrs.) S K Gill and dismissed civil Revision No. 1386 of 1989, but allowed Civil Revision No. 1260 of 1989 filed by the other tenant-Bhupinder Singh. The third ejectment application filed by Smt. Zenobia Bhanot against her tenant, Surinder Sharma was dismissed by Shri B M. Bajaj, the then Rent Controller, Chandigarh by order dated December 20, 1989 with the following observations :