MANJIT SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) THE present revision is directed against the order passed by the learned Rent Controller dated 24.1.2007 whereby an application for leave to contest, filed under Section 13 -A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), was declined.

(2.) THE petitioner has sought leave to defend on the ground that the landlord has earlier sought eviction on the ground that he is an ex -serviceman and the premises is required for running the business by his son. During the pendency of the said petition itself, the landlord has sought the eviction under Section 13 -A of the Act by relying itself, upon the certificate issued by the Commanding Officer, 3rd Punjab Girls Battalion, N.C.C., Ludhiana to the effect that the petitioner has attained the age of superannuation on 28.2.2002.

(3.) IN view of the above, the order passed by the learned Rent Controller dated 24.1.2007 is set -aside, subject to the following conditions: