Judgment

RAY, J.-This is an appeal by special leave against the judgment and order passed in Civil Revision No. 2371 of 1986 dismissing the revision petition and upholding the order of eviction of the tenant-appellant from the house in question.

2. The landlord, Kartar Singh filed an application in the court of Rent Controller, Kapurthala under Section 13-A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, stating inter alia that Dr D. N. Malhotra is a tenant in respect of his house No. 694-BA within Kapurthala Municipality ; that he was in arrears of rent since December 22, 1984 ; that the landlord retired from the service of Government of India, Ministry of Defence on May 20, 1949 and his service was thereafter transferred to the Ministry of Rehabilitation from where he was discharged on November 30. 1965 on the abolition of the Ministry : that he had no other house within the Municipality and that he wanted the house in question to reside and prayed for ejectment of the tenant-appellant.

3. The tenant-appellant on receiving the summons filed an affidavit seeking leave of the court to contest the application stating inter alia that he was inducted as a tenant in the