The mandatory nature of the 15-day period for the tenant to apply for leave to contest an eviction application under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949, and the prohibition against achieving what is directly barred by the Act through other legal procedures.

Surya Kant, J.

1. This revision petition is directed by the tenant against the order dated 20th April, 2009 passed by the Rent Controller, Chandigarh whereby his application, purportedly under Order 7 Rule 11 CPC "for dismissal of the application for ejectment dated 24th January, 2009 or in the alternative for grant of permission to defend the application for ejectment", has been dismissed and an order of eviction has been passed under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 , as is applicable to U.T., Chandigarh.

2. The facts may be noticed briefly.

3. The first respondent was serving as a Colonel in the Indian Army, who got premature retirement w.e.f. 26th February, 2008. He filed an ejectment application under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (for short `the Act) as applicable to Chandigarh against the petitioner - tenant, inter-alia, averring that House No. 67, Sector 28-A, Chandigarh (in short `the demised premises) was owned by his father Shri J.M. Sharma and his mother Smt. Sanjogta Sharma (proforma respondent No. 2); Shri J.M. Sharma died about one and half years back and during his life time he had executed a Will bequeathing his share in favour of the respondent - landlord on the basis of which half share of the demised premises has already been transferred in the name of the respondent by the Estate Officer, UT, Chandigarh vide letter dated 15th October, 2007 and, thus, he has become owner and landlord of the demised premises along with his mother - respondent No. 2. He further averred that the petitioner was inducted as a tenant about 13 years back on a monthly rent of Rs.2000/- in addition to water and electricity charges, on the first floor of the demised premise and that after his retirement, the respondent - landlord has shifted to Chandigarh and starting sharing the accommodation with his mother, who is living on the ground floor of the house. The respondent - landlord requested the petitioner to hand-over the premises who assured to vacate the same by 31st December, 2008, therefore, the mother of the respondent, namely, respondent No. 2, got executed a fresh rent deed on 3rd April, 2008 from the petitioner up to 31st December, 2008. The respondent -landlord further averred that the ground floor was wholly insufficient to accommodate him and his family members along with his mother for the reason that the respondent is having only one bed room as one room is occupied by his mother, another room by his daughter and one room is required to be retained for his married sisters, who are regular visitors to respondent No. 2. One of the son of the respondent - landlord is in Merchant Navy and whenever he is on holidays, he visits Chandigarh and lives with the respondent - landlord and a separate room is required for him also. The respondent further averred that he is a `specified landlord and is entitled to seek eviction of the petitioner - tenant summarily as per the procedure laid down under Section 18-A of the Act.

4. Before adverting to the facts of the case in hand, a brief reference to the newly added provisions, namely, Sections 13-A and 18-A along with Schedule-II of the Act may be made.

5. Section 13-A confers a right upon a specified landlord to recover immediate possession of a residential or scheduled building from the tenant, within one year prior to or one year after the date of his retirement or within one year from the date of commencement of the amended Act, 1985, whichever is later. Section 18-A of the Act lays down the special procedure for disposal of applications under Section 13-A or 13-B and the same [relevant extracts] reads as follows :-

18-A. Special procedure of disposal of applications under section 13-A or section 13-B. - (1). Every application under section 13-A or section 13-B shall be dealt with in accordance with the procedure specified in this section.

(2). After an application under section 13-A or 13-B is received, th