S M NEHRA Vs. SH S D MALIK

JUDGEMENT

(1.) THE tenant has come up in revision petition against the order of the Rent Controller rejecting the application under Section 18-A (5) of the East Punjab Urban Rent Restriction Act (for short the Act) for leave to contest the petition under Section 13-A of the Act filed by the respondent/landlord.

(2.) THE facts:the respondent (hereinafter referred to as the landlord) sought eviction of the tenant on the ground that he was a specified landlord of House No. 2009, Sector 15-C, Chandigarh. . He retired as Executive Engineer (Class I Officer), P. W. D. (Bandr1, Provincial Division, Hissar (Haryana) on December 31, 1978 He was in occupation of the ground floor consisting of drawing and dining room, two bed rooms two stores, bath and kitchen. His family consisted of three married daughters and one married son. The married son is serving as Assistant General Manager (Marketing) in Hindustan Machine Tools, Rinjore. The present accommodation is insufficient for the residence. He gave details of the rooms in his possession and how those were used. The tenant was in possession of the first floor of the house and he filed the present petition within one year of the commencement of the Act as amended The tenant in his application under Section; 18-A (5) of the Act sought leave to contest the application on the ground that he was inducted as a tenant in two rooms of first floor of house No. 2009, Sector 15-C in August 1975 on a monthly rent of Rs 250/ -. Two more rooms were added to the tenancy in July/august, 1978 and the rent was raised to Rs. 500/- per month. The rent was raised to Rs. 520/- per month in April 1979. The landlord retired from service on December 31, 1978. The increase in rent in April, 1979 amounted to creation of a fresh agreement of tenancy regarding the demised premises. The agreement of tenancy was created after the retirement of the landlord. Thus, he was not entitled to claim the benefit of the amended Act.

(3.) THE Rent Controller held that increase in rent from Rs. 500/- to Rs. 520/- in April 1979 did not amount to creation of a fresh tenancy in favour of the tenant. It was further held that under Section 13-A of the Act, a specified landlord is entitled to recover possession of the residential premises in possession of a tenant if he intends to reside therein. The only requirement is that the landlord is a specified land-lord and he has the intention to reside in the demised premises of which he is seeking the eviction from the tenant.