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Judgment
J.V. Gupta, Acting C.J.—This petition is directed against the order of Rent Controller dated 12th February, 1988, whereby an application for treating Issue No. 2 as preliminary filed on behalf of the tenant was dismissed.
In the ejectment application filed u/s 13 of the East Punjab Urban Rent Restriction. Act, one of the issues framed was, "whether the applicant has no locus standi to file the present application ?" The burden of this issue was on the tenant/respondent in the ejectment application He wasted the said issue to be treated as preliminary but the learned Rent Controller declined the same on the ground that this controversy can be resolved on the basis of the evidence, and, therefore, there can be no use of treating the said issue as preliminary.
Learned counsel for the petitioner submitted at the Bar that the onus of the said issue is on the tenant and he does not have to lead any evidence in support of this issue. According to the learned counsel, the issue is a legal one and can be decided on the pleadings of the parties. In view of this statement of learned counsel for the petitioner, it is directed that the said issue be treated as preliminary and disposed of in accordance with law after hearing arguments of both sides. The petition is disposed of accordingly.