Sarojnei Saksena, J.

1. Petitioner-landlord has assailed the order of Rent Controller, Chandigarh dated 8.2.1995 whereby his petition filed Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (in short the Act) has been dismissed. Petitioner-landlord has filed this revision against the said order Under Section 18-A(8) of the Act.

2. Petitioners contention in the lower Court was that he is owner of building S.C.F.No. 4, Sector 22-D, Chandigarh. Respondent-tenant Krishan Kumar is occupying first floor (Barsati) of his building as a tenant along with toilet/latrine, bathroom on ground floor and backyard of ground floor, which is referred to as demised premises. He averred that he is a specified landlord, was in service of Indian Army, and has retired from service with effect from 31.7.1990. After his retirement, he wants to shift to the demised premises, as the demised premises, i.e., first floor and Barsati floor had been taken by the respondent for his residential purposes.

3. Notice of the petition was given to the respondent-tenant, who filed his written statement and raised a preliminary objection about the maintainability of the petition on the ground that e