CHANDER BHUSAN ANAND Vs. DEVINDER KUMAR SINGLA

JUDGEMENT

(1.) THE matrix of the facts culminating in the commencement, relevant for disposal, of present tenant's revision petition and emanating from the record, is that originally, Devinder Kumar Singla son of B.L. Singla respondent-landlord (hereinafter to be referred as "the landlord") filed a petition on 31.8.2002 against Chander Bhusan Anand petitioner-tenant (hereinafter to be referred as "the tenant") for his ejectment from the demised premises, inter-alia, on the ground of personal necessity, invoking the special provisions of Section 13-A of the East Punjab Rent Restriction Act, 1949 (as applicable to Chandigarh) (hereinafter to be referred as "the Act") claiming the rate of rent of Rs. 2640/- per month. During the pendency of the petition, the buildings, which were fetching the rent more than Rs. 1500/- per month in U.T. Chandigarh, were exempted from the provisions of the Act vide notification dated 7.11.2002 issued by the Chandigarh Administration.

(2.) IT is, therefore, in view of the indicated notification exempting such buildings from operation of the Act, the landlord moved an application (Annexure P1) on 24.7.2003 for the withdrawal of the rent petition under Section 13-A of the Act. In the wake of statement of the landlord, the Rent Controller accepted the application and dismissed the main petition as withdrawn vide order dated 24.7.2003 (Annexure P3), which is in the following manner :-

(3.) THE tenant contested the claim of the landlord and filed the reply, inter- alia pleading certain preliminary objections of maintainability of the application, which is stated to have been filed with a mala fide intention to harass the tenant. Moreover, he (landlord) has withdrawn the main petition of his own volition and without any legal compulsion. It was clear that the landlord could have only filed a fresh application, if he had been permitted by the Rent Controller at the time of withdrawal of the earlier rent petition to do so.