JOGINDER SINGH BAJWA Vs. KULDIP SINGH

JUDGEMENT

(1.) This petition is directed against the order dated 19.9.1986 of the learned Rent Controller whereby leave to contest sought on behalf of the tenant/petitioner was declined and eviction order was passed under section 13-A of the East Punjab Rent Restriction Act, holding the landlord to be a specified one.

(2.) The main controversy between the parties was as to when the tenant-petitioner was inducted in the premises in dispute, for the first time. According to the tenant, he was inducted, for the first time, on 12th October, 1975, whereas, according to the landlord, he was already occupying part of the premises, in dispute prior to his retirement on 21.9.1975. Affidavit on behalf of the tenant was filed to support his contention whereas counter affidavit was filed on behalf of the landlord. Thus, there is a real controversy as to when the tenant was inducted for the first time in the demised premises. This is crucial as to when the tenant was inducted for the first time in the demised premises, in other words, whether after the retirement of the landlord on 21.9.1975 or prior thereto. Since affidavit and counter affidavit have been filed, a case has been made out for allowing leave to contest the ejectment application filed under section 13-A of the aforesaid Act.

(3.) Consequently, this petition succeeds, the impugned order is set aside and the case is sent back to the Rent Controller for deciding it afresh after granting the tenant leave to contest the application.