Judgment

SHAH,, J.

( 1 ) THE appellant is the tenant since 1942 of a portion of House No. B-111-674, Gukhram Nagar, Ludhiana, belonging to the respondents. The appellant is a medical practitioner and has a dispensary in Chaura Bazar, Ludhiana. The respondents moved an application under the East Punjab Urban Rent Restriction Punjab Act (3 of 1949) in the court of the Rent Controller Ludhiana for an order in ejectment against the appellant on two grounds; (1) that the appellant committed default in payment of rent, and (2) that the premises is required by the respondents for personal use. Before the first hearing the rent in arrears was paid in court, and the question as to the liability to be evicted on the ground of non-payment of rent no longer survives. The Rent Controller held that the respondents required the premises for personal use, but since the building was a "scheduled building" within the meaning of the East Punjab Urban Rent Restriction Act, 1949, no order in ejectment could be passed. The order of the Rent Controller was confirmed in appeal by the appellate authority. The respondents then invoked the original jurisdiction of the High court of Punjab under S. 15 of the Ac