Judgment

G.P. Mathur, J.—

Civil Appeal No. 2894 of 2001

1. This appeal, by special leave, has been filed against the judgment and order dated 20.12.2000 of the High Court of Punjab and Haryana at Chandigarh by which the revision preferred by the appellant against the order of eviction passed against him by the Rent Controller as affirmed by the Appellate Authority was dismissed.

2. Before examining the legal issues raised by the learned counsel for the parties it will be convenient to notice the facts of the case in brief. The respondent Dr. Raminder Pal Singh Sethi is a Dental Surgeon and he is co-owner along with his wife of a premises described as Shop-cum-Flat (for short “SCF”) in Sector 37-A, Chandigarh, in which father of the appellant late O.P. Vij was a tenant. The respondent filed a petition for eviction of O.P. Vij on the grounds, inter alia, that he was having his clinic in House No. 5, Sector 16-A, Chandigarh, but the owner of the said premises, namely, Shri Wasan Singh had filed an eviction petition against him on the ground that he was a specified landlord within the meaning of Section 2(hh) of the East Punjab Urban Rent Restriction Act, 1949 (for short `1949 Act’) and th