AMARJEET SINGH Vs. RAMESH KUMAR

JUDGEMENT

(1.) THE petitioner landlord is aggrieved against the order dated 18.12.2010, allowing the application of the tenant, seeking leave to defend an ejectment petition filed by him under Section 13 -A of the Haryana Urban (Control of Rent and Eviction) Act 1973(for short, the Act).

(2.) IN short, the petitioner has retired from the Indian Air force on 31.01.2007. He filed a petition under Section 13 -A of the Act to recover possession of the demised premises(shop) from the respondent on the ground of personal necessity. The respondent filed an application under Section 10 of the Code of Civil Procedure, 1908(for short, CPC) on 13.09.2007. In para 2 of the said application, it was averred that he had received the application for ejectment with the summons and came to know about the eviction petition pending before the Rent Controller. This application, however, was withdrawn by the respondent on 14.03.2009 but by that time no application for leave to contest was filed. After the expiry of about 1 1/2 years, the respondent filed another application on 14.03.2009, seeking leave to contest the ejectment petition. This application was contested by the petitioner by filing reply but ultimately it was allowed by the impugned order.

(3.) IT s further submitted by him that the relationship of landlord tenant has already been established between the parties because in the past, the petitioner had filed an application under Sections 4 and 5 of the Act for fixing fair rent of demised premises. The said application was filed in the year 2004, when the petitioner was in service and even at that time no issue was asked for by the respondent that there is no relationship between them as landlord and tenant. It is also submitted that Section 13 -A of the Act only talks of the application to be filed on behalf of landlord and not by the owner. In respect of the maintainability of the eviction petition by the petitioner, in respect of commercial property, he has referred to a Division Bench judgment of this court rendered in the case of "Vinod Kumar Jain versus M/s. Harindera Scientific Works, GurBasar, Sadar, Ambala, Cantt, 2012(1) RCR Rent(10)36" in which the judgment in the case of Lt. Cold. Suraj Parkash(Retd.) supra has been specifically overruled.