JUDGEMNT

Faizan Uddain, J.-Leave granted.

2. This appeal by the landlord has been directed against the order dated November 28, 1995 passed by the High Court of Punjab & Haryana at Chandigarh in Civil Revision No. 3638/1995 setting aside the order dated September 30, 1995 passed by the Rent Controller, Chandigarh rejecting the application of the tenant-respondent herein filed under Section 18-A(4) of the East Punjab Urban Land Restriction Act, 1949 (hereinafter the Act) seeking leave to defend the eviction proceedings initiated by the appellant-landlord.

3. The appellant is the owner of House No. 1013 Sector 27-B, Chandigarh which is occupied by the respondent on a monthly rent of Rs. 7,000/-. The appellant was in the service of Indian Army and retired as a Col. on 21.2.1995. While in service the appellant was allotted Government accommodation House No. 960, Sector-2, Panchkula. He was, however, granted permission to retain the Government accommodation temporarily after his retirement. Consequently, the appellant-landlord, after his retirement, presented a petition on March 28, 1995 before the Rent Controller, Chandigarh supported by an affidavit for eviction of the respondent-tena