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1990 Supreme(P&H) 627

S.S.SODHI
Lt Col Sh Baldev Singh Bhalla – Appellant
Versus
Prem Sagar – Respondent


Judgment

, J.

1. The challenge in revision here is to the leave granted to the tenant to contest the petition of the landlord under Sec.13-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act ).

2. On July 25, 1988, the petitioner Lt. Col. Baldev Singh Bhalla, filed a petition for ejectment against his tenant Prem Sagar under Sec.13 A of the Act, on the plea that he retired from service on August 31, 1987 and was a "specified landlord" in terms of the meaning of this expression under the Act and that he required the demised premises bona fide for his own use and occupation.

3. The tenant-Prem Sagar sought leave to contest the petition for ejectment filed against him on the ground that the petitioner was not a specific landlord. He sought to question, in this behalf, his date of retire neat by suggesting that he had in fact retired on August 31, 1985. The reference here being made to the statement made by the petitioners father Dr. Raghbir Singh Bhalla in ejectment proceedings against his tenant that his son-Lt Col. Baldev Singh Bhalla, was to retire from service on August 31, 1985. The plea thus being the present petition was barred by time.

4. T

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