AMAR SINGH Vs. RAM LAL MOHINDRU

JUDGEMENT

(1.) THIS is a landlord's petition in revision under the proviso to Section 16(8) of the Himachal Pradesh Urban Rent Control Act, 1987 ("the Act", for short) though in the memorandum of revision it has erroneously been described as petition under Section 24(5) of the Act.

(2.) SECTION 16 of the Act provides for a special procedure for disposal of applications for eviction on the ground of bonafide requirement under Section 14(3)(a)(iii) and Section 15. The former is for a landlord who is a member of the armed forces and requires the accommodation for the occupation of his family and produces a certificate of the prescribed authority referred to in Section 7 of the Indian Soliders (Litigation) Act, 1925, that he is serving in special conditions within the meaning of Section 3 of the Act or is posted in a non-family station. Section 15 gives the right of recovery of immediate possession of premises to certain categories of persons who are mentioned therein, Sub-section (2) of Section 15 relates to a "specified landlord" who is defined in Section 2(i) as ' a person who is entitled to receive rent in respect of a building on his own account and who is holding or has held an appointment in a public service or post in connection with the affairs of the Union of a State'.

(3.) UNDER Section 16, on receipt of an application from a specified landlord, the Controller is to issue summons to the tenant and on its service on the tenant the Controller is to make an enquiry by following the practice and procedure of a Court of Small Causes, including the recording of evidence. Leave can be given by the Rent Controller to the tenant to contest the application of the landlord if the affidavit filed by the tenant discloses such facts as would disentitle the specified landlord from obtaining an order for the recovery of possession of the premises on the ground specified in Section 15. Where leave is granted to the tenant to contest application, the Controller shall commence the hearing of the application as early as practicable. Section 16(8) says :