A landlord must plead the ingredients of sub-clauses (b) and (c) of paragraph (i) of S. 13 (3) (a) of the East Punjab Urban Rent Restriction Act, 1949 in his eviction application.

HARBANS LAL, J.

1. The Full Bench is called upon to determine and decide the following question of law as referred to by Tewatia, J. (as he then was) in his reference order dated August 28, 1975:

"Whether a landlord applying for fine eviction of his tenant on the ground contained in sub-paragraphs (b) and (c) of paragraph (i) of S. 13 (3) (a) of the East Punjab Urban Rent Restriction Act, 1949 , (hereinafter called the Act), i.e. for his own use and occupation, has or has not to specifically plead in his application the contents of sub-paragraphs (b) and (c) aforesaid, which put a rider on the right of the landlord to get the eviction of his tenant from the premises even for his own use unless he succeeds in proving that he was not in occupation of another residential building in the same urban area and that he had not vacated any such building after the commencement of the Act without any sufficient cause."

Reference has not been made to the facts of the revision petition in the reference order as only the abovementioned legal question was raised and in view of the conflicting decisions of this Court and some other High Courts, the learned Judge was of the opinion that the question required authoritative pronouncement to clear the confusion and conflict of opinion as well as for the benefit of the Subordinate Courts. Under the circumstances, it is not necessary to advert to the facts of the said revision petition.

2. At this stage, the relevant provisions which need interpretation may be reproduced:

"13 (1) A tenant in possession of a building or rented land shall not be evicted therefrom in execution of a decree passed before or after the commencement of this Act or otherwise and whether before or after the termination of the tenancy, except in accordance with the provisions of this section or in pursuance of an order made under S.13 of the Punjab Urban Rent Restriction Act, 1947, as subsequently amended

(2) ** ** **** ****

(3) (a) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession- (i) in the case of a residential building if,- (a) he requires it far his own occupation;

(b) he is not occupying another residential building in the urban area concerned; and

(c) he has not vacated such a building without sufficient cause after the commencement of this Act, in the said urban area."

3. The earliest decision having bearing on the matter in controversy is by Bishan Narain, J., in Civil Revn. No. 372 of 1956 (Lakhi Ram V/s. Piare Lal), decided on April 20, 1958 (Punj), wherein the application by the landlord for the eviction of the tenant on the ground of bona fide need for personal occupation was dismissed by both the Rent Controller and the Appellate Authority. The landlord did not make any allegation, relating to sub-cls. (b) and (c) of the aforesaid provision, in his application. The tenant also did not make any reference regarding the same in his reply. No issue regarding the same was framed by the Rent Controller. One of the contentions of the learned counsel for the landlord-petitioner in the revision petition was that the eviction application had been dismissed on a ground regarding which no issue had been framed. This contention was upheld by Bishan Narain, J., and it was field that no amount of evidence could be looked into upon a plea which was never put forward. It was further held that it will be extremely unfair in the absence of a specific issue to non-suit the landlord. Thus, the revision petition was accepted and the case was remanded back after framing new issues with reference to sub-cls. (b) and (c) of the Act. In Krishan Lal Seth V/s. Pritam Kumari, 1961 63 LR 865, the Division Bench comprising of Mehar Singh and Mahajan, JJ., after taking into consideration the abovementioned decision rendered by Bishan Narain, J., came to the conclusion and held that it was not necessary to allege and plead anything referred to in sub-cls. (b) and (c) of the afore