B.L. KAPOOR Vs. RAM KUMAR

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of the Rent Controller, Mandi dated 6.3.1995. The revision petition has been filed by the landlord against the impugned order.

(2.) THE landlord-petitioner was an employee of the State Government and he retired as Chief Medical Officer on 28th February, 1994. He filed an application before the Rent Controller under Section 15(2) of the Himachal Pradesh Urban Rent Control Act, 1987 (for short the Act). The application was filed by 18th May, 1994, i.e. within one year from the date of his retirement. The application for eviction was filed against the respondent, who was his tenant in respect of the suit premises on the ground that the landlord- petitioner wants to settle down in Mandi with his family and that the petitioner wants the suit premises for the purpose of running his E.N.T. Clinic being a specialist in the profession. After issuance of notice on the tenant, application was filed by the tenant under sub-section (4) of Section 16 of the Act alongwith an affidavit seeking permission to contest the application for eviction, which was allowed by the impugned order.

(3.) SUB -section (2) of Section 15 of the Act, inter alia, provides that a specified land at any time within one year prior to or within one year after the date of his retirement may apply to the Controller to the efect that he or his spouse does not own or possess any other suitable accommodation in the local area in which he intends to reside or to start his own business, for recovery of possession of one residential building for his own occupation and there shall accrue from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in the Act or in any other law in force or in any contract, custom or usage to the contrary, a right to recover immediate possession of such residential building or parts thereof. Thus, the intention of the legislature is clear that a specified landlord within one year before his retirement or within one year thereafter can recover immediate possession of one premises rented out to reside or to start his own business. The legislature also intended that recovery of premises for the above purpose should be immediate and normal procedure or trial need not be followed in such cases. The word 'specified landlord' has been defined in Clause (i) of Section 2 of the act, which, inter alia, means a person who is entitled to receive rent in respect of the building on his own account and who is an employee under the Union of India or a State Government. Admittedly, the petitioner-landlord being a retired Government servant is a specified landlord and he has the right to file an application for eviction under sub-section (2) of Section 15 of the Act.