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Judgment
J.V. Gupta, J.—This is tenant''s petition against whom eviction order dated August 11, 1987, has been passed u/s 13-A of the East Punjab Urban Rent Restriction Act, as amended (hereinafter called the Act.)
As per the case of the landlord, he gave on rent a portion of the entire property unit No. Model Town, Ludhiana, on a monthly rent of Rs. 825/-. Subsequently, the rent was increased to Rs. 1700/ per month. The premises were let out on November 22, 1977. The landlord was serving in the Army and was relieved therefrom with effect from June 1, 1954. One of the objections raised by the tenant was that the landlord was not a specified landlord and, therefore, the petition was not competent u/s 13-A of the Act. The learned Rent Controller relying upon the judgment of this Court in D. N. Malhotra v. Kartar Singh 1987 (1) R. C. R. 432, came to the conclusion that the landlord was a specified landlord and that the petition u/s 13-A of the Act, was competent Now, the said judgment has been reversed by the Supreme Court and is reported as Dr. D. N. Malhotra v. Kartar Singh 1988 (1) R. L. R. 244. Since the premises were let out on November 22, 1977, whereas the Petitioner was released from the Army in the year 1954, the landlord was not a specified landlord at the time of his retirement and, therefore, could not invoke the provisions of Section 13-A of the Act, as such.
Consequently, this revision petition succeeds and is allowed. The impugned order is set aside and the application u/s 13-A of the Act filed by the landlord is dismissed with no order as to costs.