The judgment established the importance of complying with the requirements of Section 13-A for ejectment petitions under the Rent Restriction Act.

M.M.Kumar, J.

1. This petition filed under section 18-A (8) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity the Act) prays for quashing order dated 15.3.2002 passed by the Rent Controller, Jalandhar. The Rent Controller has dismissed the petition filed by the landlord-petitioner under Section 13-A of the Act being a specified landlord within the meaning of Section 2(hh). The landlord-petitioner has filed the ejectment petition on 17.9.1997 claiming that he was a specified landlord being a retiree from, the Punjab State Electricity Board (for brevity the Board). It was asserted that he had retired on 31.12.1996. It was further pleaded that he did not own and possess any suitable accommodation for the residential purpose within the limits of Municipal Corporation, Jalandhar and he intended to reside at 86-B, Guru Nagar, Jalandhar. The demised premises has been on rent with the tenant-respondent. The landlord-petitioner prayed for his eviction on the ground of personal bonafide necessity. It was further asserted that there is one room and one kitchen in house No. 86-B, Guru Nagar, Jalandhar, which is on rent with another tenant namely Gurnam Singh. The family of the landlord-petitioner comprises of his wife and two sons. One of his son is B.B.M.S. and the other one had qualified Pharmacist course. The tenant-respondent contested the petition by raising the objection that the landlord-petitioner has failed to com-ply with the provisions of Section 13-A of the Act. It was alleged that in fact he wanted to increase the rent and the ground of bonafide necessity has been devised later on. It was further alleged that the landlord-petitioner did not disclose the reason of his shifting to Jalandhar nor he disclosed the business of his sons. The relationship of landlord and tenant was, however, admitted. The tenant-respondent has also alleged that the landlord-petitioner owns another property namely 86-E, Guru Nagar, Jalandhar and he has failed to disclose the same before the Rent Controller. Claiming that the landlord-petitioner has sufficient accommodation for him and his family, it was prayed that the application be dismissed. The Rent Controller found that the landlord-petitioner did not require the demised premises for his bonafide personal necessity and recorded the following findings:-

"From the arguments of both sides, I am of the considered view that the petitioner has failed to mention the purpose for which he requires the premises in dispute. Petitioner has also failed to disclose whether he wants to start his business in the disputed premises. Moreover, he has failed to rebut the contention of the respondent that he is not having accommodation in village Mandali. So where the landlord was in possession and owner of suitable accommodation is not entitled to ejectment of the respondent from the disputed property. Therefore, provisions of Section 13-A could only be invoked if landlord was not in possession nor owner of the suitable accommodation. I take support from 1990(2) Rent Control Reporter 60, "wherein it is held that landlord was in possession and owner of suitable accommodation and not entitled to eject the respondent/tenant." Hence, this issue is decided against the petitioner and in favour of the respondent.

2. The other ground for dismissal of the ejectment petition is that the landlord-petitioner has failed to prove his status as a specified landlord. The retirement certificate Ex.A-1 has not been accepted as sufficient evidence to satisfy the requirement of Section 13-A read with Section 2(hh) of the Act. It has also been held that the landlord-petitioner had failed to comply with the mandatory provisions of Section 13-A of the Act in as much as no affidavit in support of the petition was filed.

3. Mr. A.P. Bhandari, learned counsel for the landlord-petitioner has argued that the Rent Controller has committed grave error in law by rejecting his retirement certificate Ex.A-1 by holding that th