SOHAN SINGH Vs. DHAN RAJ SHARMA

JUDGEMENT

(1.) Is the benefit of S. 13(3A) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 available only to an ex-serviceman, who was the landlord of the nonresidential building prior to the date of his retirement ? This is the significant question which has necessitated the admission of these two civil revisions for a hearing by the Division Bench.

(2.) The facts deserving recapitulation, relevant to the aforesaid issue, are that Sohan Singh petitioner-landlord retired from the Air Force on the 3rd Mar. 1976 and later on l7th of Nov. 1978, purchased the shop bearing No. 2454 Block No. II. Patel Road, Ambala from Shri Wajinder Singh, Advocate. Thereafter on the 2nd Feb. 1979 he presented an application for the ejectment of the respondent tenant from the said shop on the ground that he required the same for his personal use of setting up his own business therein u/s. 13(3A) of the Act.

(3.) In contesting the said application, the respondent-tenant took up the plea that the petitioner-landlord was not a genuine purchaser but simply a figurehead and alleged the transaction of sale to be a Benami one and further contested the petitioner's right to avail of the benefit under Section 13(3A) of the Act. The trial Court framed the following issues:--