BADRI NATH Vs. RAMJI DASS SINGH

JUDGEMENT

(1.) The Respondent filed an application under Sec. 13 -A of the East Punjab Urban Rent Restriction (Amendment) Act for ejectment of the Petitioner from the demised premises. The Petitioner, in response to the notice, filed an affidavit that the building in dispute was a non -residential building and not a Scheduled building and sought permission to contest the petition. In support of his contention, he produced a previous judgment of the Rent Controller dated January 10, 1985, between the same parties. The learned Rent Controller declined the permission observing, after referring to the earlier judgment, that it has nowhere been stated that premises in dispute are non -residential premises. This is a patent misreading of the earlier judgment which contained a specific issue as to the nature of the building and a clear finding that the demised premises was a non -residential building. The tenant, thus, had raised a substantial plea which needed trial. It is obvious that the Rent Controller has passed this order for some extraneous considerations and not on the material before him. This petition is, therefore, allowed with costs and the impugned order reversed. The case would now go back to the Rent Controller for taking further proceedings in accordance with Jaw. The parties through their counsel have been directed to appear before the Rent Controller on March 23, 1987.