AMAR SINGH Vs. RAM LAL MOHINDRU

JUDGEMENT

(1.) This is a landlords petition in revision under the proviso to section 16 (8) of the H. P 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 bona fide 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 Soldiers (Litigation) Act, 1925, that he is serving in special conditions within the meanings of section 3 of that 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 or of a State.

(3.) A specified landlord is given a right to apply to the Rent Controller alongwith a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he does not own and possess any other suitable accommodation in the local area in which he intends to reside, at any time within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the appointed day, which means the 18th day of August, 1987, in section 2 (a), to recover possession of one residential building, for his own occupation. On and from the date of such application, there shall accrue to him, notwithstanding anything contained elsewhere in the Act (whether expressed or implied), custom or usage to the contrary a right to recover immediate possession of such residential building or any part or parts of such building if it is let out in part or parts.