SHRIMATI LAJWANTI Vs. SHRI KEWAL KRISHAN

JUDGEMENT

(1.) KEWAL Krishan retired as a Chief Engineer in November, 1973. In the year 1979 he filed an ejectment petition in respect of the portion of a house in dispute situated in Ludhiana inter alia on the ground of personal necessity. That petition was dismissed by the two Courts below and when his Civil Revision No. 2352 of 1984 was pending in this Court, the East Punjab Urban Rent Restriction (Amendment Act), 1985, came into force, by virtue of which section 13-A of the Act was inserted giving right to the "specified landlord" to seek immediate possession of the residential or scheduled building. In view of the aforesaid provisions, an application was filed in this Court for leave to withdraw the ejectment application with permission to file a fresh one. By order dated 10.1.1986 permission was granted.

(2.) IT is thereafter that the landlord filed a fresh ejectment application under Section 13-A of the Act. On receipt of that notice the tenant filed an application under section 18A (4) of the Act, duly supported by an affidavit stating the grounds seeking leave of Court to contest the application. The Rent Controller by order dated 18th August 1986, came to the conclusion that the ejectment application was filed within one year of the commencement of the amendment Act and since grounds disclosed were not sufficient to hold that he has substantial defence to raise, the application for leave to contest was declined. This is revision by her against the aforesaid order.

(3.) FOR the reasons recorded above, this revision is allowed, the order of the Court below dated 18th August, 1986, is hereby set aside and leave to contest the application for eviction is hereby granted to the tenant. The parties through their counsel are directed to appear before the Rent Controller on 6th February, 1987 for proceeding further in the matter in accordance with law. No costs.