RAKESH KUMAR SHARMA Vs. MADAN MOHAN SETH

JUDGEMENT

(1.) THIS is tenants' revision petition against the order of the Rent Controller dated 1.10.1994 declining the petitioners application for leave to contest.

(2.) PETITIONER (landlord) filed an application under Section 13 -A of the East Punjab Urban Rent Restriction Act for the ejectment of the respondent from the premises in dispute on the ground that applicant is a landlord who retired from Punjab Government service on 31.8.1991 as Senior Assistant, office of the Controller of Stores, Punjab, Chandigarh. Certificate issued by the competent authority i.e. Director of Industries, Punjab, Chandigarh has been placed on record. In addition thereto, it has been stated in the petition that petitioner (landlord) does not own and possess any other suitable accommodation within the Municipal Corporation limits at Jalandhar except the house in question. After retirement he intends to settle at Jalandhar and so prayed for eviction of the respondents. Pursuant to notice issued by the Court and service effected upon them, only respondents 1 and 4 put in appearance and sought permission of the Court to contest the petition in terms of Section 13 -A of the Act. Contesting respondents denied the assertion of the landlord that he comes within the ambit of the specific landlord. According to the respondents the property belongs to Smt. Lalita widow of Shri Boota. Other averments with regard to personal requirement of the landlord or his intention of coming and settling at Jalandhar was denied. It was further stated that in fact building is quite old and does not have proper amenities according to the status and standard of the landlord. Reply to application to leave to contest was filed by the landlord (now respondent). The Rent Controller on the basis of material placed before him came to the conclusion that the landlord is a specified landlord.

(3.) NOTICE of motion was issued and dispossession of the petitioner was stayed till further orders vide order dated 20.12.1994.