AJAY KASHYAP Vs. MOHINI NIJHAWAN

JUDGEMENT

(1.) Whether the relationship between an allottee of dwelling unit allotted by the Chandigarh Housing Board and his tenant inducted by him is governed by the provisions of the East Punjab Urban Rent Restriction Act (as applicable to Chandigarh)? In other words the true import and scope of provisions of Section 4 of the Haryana Housing Board Act, 1971 (as extended to Chandigarh) is a crucial question for determination before this Full Bench in C. R. No. 5474 of 2001 and C. R. No. 4775 of 2001, which are tied up and heard together.

(2.) Before delving any further into the controversy involved in the cases placed before this Bench, it may be relevant to notice the facts, which for the sake of convenience have been taken out from Civil Revision No. 4775 of 2001.

(3.) An ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the "Rent Act") was filed by the landlord Dharminder Kumar Vashisht against his tenant Avnish Sharma. The house in question being House No. 3054, Sector 41, Chandigarh was alloted to Dharminder Kumar Vashisht by the Chandigarh Housing Board (hereinafter referred to as the "Board") vide allotment letter dated 12/03/1987. Thereafter Avnish Sharma was inducted as a tenant on a monthly rent of Rs. 425/- excluding water and electricity charges. The ejectment of the tenant was sought on the ground that the landlord required the premises for his own use and occupation. Tenant-Avnish Sharma contested the eviction application. The learned Rent Controller vide order dated 14/12/1999 held that the ground of ejectment as claimed by the petitioner-landlord was proved to be bona fide and as such the tenant was ordered to be ejected. Ten-ant-Avnish Sharma filed an appeal before the learned appellate authority. Before the learned appellate authority beside challenging the findings recorded by the learned Rent Controller on merits, it was also claimed by the tenant that the provisions of the Rent Act were not applicable to the premises in question in view of Section 4 of the Haryana Housing Board Act, 1971 (as extended to Chandigarh) (hereinafter referred to as the Housing Board Act)