MADAN LAL Vs. VIR INDER KUMAR KAURA

JUDGEMENT

(1.) FACTS giving to this revision petition under section 115 of the Code of Civil Procedure are that Virinder Kumar Kaura's application for eviction of his tenant Madan Lal was dismissed by the Rent Controller, Moga on 17.1.1977. When his appeal came up for hearing on 21.9.1977, the attention of the Appellate Authority was drawn to the Full Bench decision of this Court in Banke Ram v. Sarasvati Devi, 1977 RCR 595, laying down that it is essential for the landlord to specifically plead an the ingredients in sub -clauses (b) and (c) paragraph 1 of section 13(3)(a) of the East Punjab Urban Rent Restriction Act in his eviction application. Accordingly, the Division Bench decision of this Court in Krishan Lal Seth v. Smt. Pritam Kumari, 1961 P.L.R. 865 was overruled. In the impugned order, the Appellate Authority observed that the instant ejectment application might fail on account of the defect as the grounds supporting bonafide personal requirement of the Landlord have not been mentioned therein. The Appellate Authority set aside the order of the Rent Controller and allowed the ejectment application to be dismissed as withdrawn with permission to file another on the same cause of action. Hence, this revision petition.

(2.) IT has not been disputed before me that the Appellate Authority can have recourse to the provisions of Order 23, rule (1)(3) Civil Procedure Code which provides : -