J.V.Gupta, J.

1. This petition is directed against the order of the Rent Controller, Amritsar, dated 3rd of September, 1987, whereby the tenant was allowed to contest the petition filed by the landlord under Section 13-A of the East Punjab Urban Rent Restriction Act (hereinafter referred to as `the Act).

2. The landlord, Gian Singh Gandhi, retired on 30th of June, 1987. He filed the ejectment application under Section 13-A of the Act on 20th of July, 1987. Dasti summons were served on the tenant on 25th of the July, 1987, whereas summons through registered post were served on 29th of July 1987. The tenant filed the application dated 11th of August, 1987, to seek permission to contest the ejectment application inter alia on the ground that the demised premises were not a residential building and hence application under Section 13-A of the Act was not maintainable. It was alleged on behalf of the landlord that the said application has not been filed within fifteen days of the service of the notice and, therefore, it was barred by time and no leave to contest the petition could be granted.

3. The learned Rent Controller was of the opinion that since in this case the status of