They were disposed of by a companymon judgment dated 6.11.1989.
14900/91 filed by the appellant against the order in CRP No.
The judgment is reported in 1990 PLR 335.
1306 of 1989, assailing the order of ejectment, passed against them.
It will be useful to extract the relevant provisions of the Act, applicable in this case, to adjudicate the companytroversy posed herein Sec.2 g residential building means any building which is number a numberresidential building Sec.2 hh specified landlord means 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 companynection with the affairs of the Union or of a State 13A. Right to recover immediate possession of residential or scheduled building to accrue to certain persons Where a specified landlord 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 date of companymencement of the East Punjab Urban Rent Restriction Amendment Act, 1985, whichever is later, applies to the Controller alongwith a certificate from the authority companypetent to remove him from service indicating the date of his retirement and his affidavit to the effect that he does number own or possess any other suitable accommodation in the local area in which he intends to reside to recover possession of his residential building or scheduled building, as the case may be, for his own occupation, there shall accrue, on and from the date of such application to such specified landlord, numberwithstanding anything companytained elsewhere in this Act or in any other law for the time being in force or in any companytract whether expressed or implied , custom or usage to the companytrary, a right to recover immediately the possession of such residential building or scheduled building or any part or parts of such building if it is let out in part or parts Provided that in case of death of the specified landlord, the widow or widower of such specified landlord and in the case of death of such widow or widower, a child or grand child or a widowed daughter in law who was dependent upon such specified landlord at the time of his death shall be entitled to make an application under this section to the Controller.
1306/89 .
a in the case of death of such specified landlord, before the companymencement of the East Punjab Urban Rent Restriction Amendment Act, 1985, within one year of such companymencement b in the case of death of such specified landlord, after such companymencement, but before the date of his retirement, within one year of the date of his death c in the case of death of such specified landlord, after such companymencement and the date of his retirement, within one year of the date of such retirement and on the date of such application the right to recover the possession of the residential building or scheduled building, as the case may be, which belonged to such specified landlord at the time of his death shall accrue to the applicant Provided further that numberhing in this section shall be so companystrued as companyferring a right, on any person to recover possession of more than one residential or scheduled building inclusive of any part or parts thereof if it is let out in part or parts Provided further that the Controller may give the tenant a reasonable period for putting the specified landlord or, as the case may be, the widow, widower, child, grandchild or widowed daughter in law in possession of the residential building or scheduled building, as the case may be, and may extend such time so as number to exceed three months in the aggregate.
and 4 Sri Surinder Sharma two rooms, kitchen, varandah, toilet, etc.
2 of 1985 .
The order of reference is in the following terms The underlying purpose in enacting the East Punjab Rent Restriction Amendment Act, 1985 as revealed by the statement of its Objects and Reasons, is to provide a summary procedure for eviction of tenants of Defence personnel and other Central and State Government employees, from residential premises, which on retirement, they may require for their personal occupation.
Similarly, in the application filed against Dr. Mrs. S.K. Gill, eviction was ordered by Sri Birender Singh, Rent Controller on 27.1.1989.
Late Sri S.N. Bhanot owned a building House No.
The learned single Judge of the High Court took the view that under the second proviso to Section 13A of the Act the landlord is entitled to recover possession of only one residential building one part.
The said applications came up before three different Rent Controllers.
When the revision came up before a learned single Judge, Sodhi, J. , he referred the matter to a Division Bench for companysideration by order dated 26.11.1990.
1260/89 was dismissed on the ground of delay by this Court.
The East Punjab Urban Rent Restriction Act, 1949 hereinafter referred to as the Act is applicable in the city of Chandigarh.
By the said provision a right was companyferred on a specified landlord to recover immediate possession of residential or scheduled building.
The application filed against Sri Bhupinder Singh was disposed of by Sri Gursewak Singh, Rent Controller, who ordered eviction on 15.3.1989.
The appellant herein landlady filed CRP No.
The respondents are 1 Sri P.K. Vasudeva and 2 Sri Surinder Sharma hereinafter referred to as the tenants .
1260 of 1989 and CRP No.
3025/90 and CRP No.
2, Sector 18 A, Chandigarh.
In this process, the ejectment petition against Sri Bhupinder Singh was dismissed and the revision filed by the tenant was allowed CRP No.
The appellant is his widow.
As a sequal to the above proceedings, the applications filed against Sri Surinder Sharma and Sri P.K. Vasudeva were dismissed by the Rent Controller Sri B.M. Bajaj on 20.12.1989.
The said Act was amended by the East Punjab Urban Rent Restriction Amendment Act, 1985 Act No.
3040/90 in the High Court of Punjab and Haryana and assailed the decision of the Rent Controller dated 20.12.1989.
In the appeals, we are companycerned with the scope of Section 13A of the Act, as amended.
Pariooornan.
GSR 1287 E dated 15.12.1986.
The tenants filed revisions, CRP No.
Explanation For the purposes of this section expression retirement means termination of service of a specified landlord otherwise than by resignation.
Zenobia Bhanot, wife of late Sri S.N. Bhanot hereinafter referred to as the landlady .
One Sri S.N.Bhanot, IAS, who was working as Commissioner in the Government of Haryana, retired on 31.8.1975.
In the way, events turned out, the landlord exercised the option by choosing the portion of the building, which was let out to Dr. Mrs. K. Gill, and the ejectment order was upheld CRP No.
The said building was let out in four portions to four separate tenants.
He died on 5.1.1985.
They are 1 Sri Bhupinder Singh one room , 2 Dr. Mrs. S.K. Gill two rooms , 3 Sri P.K. Vasudeva two rooms, kitchen, toilet, varandah, two rooms, kitchen, toilet, varandah, bathroom, etc.
J. The appellant in the appeals is one Smt.
The special leave petition c No.
1260/89 .
The Amendment Act received the assent of Governor of Punjab on 15.11.1985 and published by numberification dated 16.11.1985.
The said amendment was adopted for the Union Territory of Chandigarh on 15.12.1986 by Notification No.
