Paripoornan, J. - (1.) The appellant in the appeals is one Smt. Zenobia Bhanot, wife of late Sri S. N. Bhanot (hereinafter referred to as the 'landlady). The respondents are (1) Sri P. K. Vasudeva and (2) Sri Surinder Sharma (hereinafter referred to as the tenants). One Sri S. N. Bhanot, IAS, who was working as Commissioner in the Government of Haryana, retired on 31-8-1975. He died on 5-1-1985. The appellant is his widow. Late Sri S. N. Bhanot owned a building-House No. 2, Sector 18-A, Chandigarh. The said building was let out in four portions to four separate tenants. They are-(1) Sri Bhupinder Singh (one room), (2) Dr. (Mrs.) S. K. Gill (two rooms), (3) Sri P. K. Vasudeva (two rooms, kitchen, toilet, verandah, bathroom, etc.) and (4) Sri Surinder Sharma (two rooms, kitchen, verandah, toilet, etc.)
(2.) The East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') is applicable in the city of Chandigarh. The said Act was amended by the East Punjab Urban Rent Restriction Amendment) Act, 1985 (Act No. 2 of 1985). The Amendment Act received the assent of Governor of Punjab on 15-11-1985 and published by notification dated 16-11-1985. The said amendment was adopted for the Union Territory of Chandigrah on 15-12-1986 by Notification No. GSR 1287 (E) dated 15-12-1986.
(3.) In the appeals, we are concerned with the scope of Section 13A of the Act, as amended. By the said provision a right was conferred on a "specified landlord" to recover immediate possession of residential or scheduled building. It will be useful to extract the relevant provision of the Act, applicable in this case, to adjudicate the controversy posed herein:- "Sec. 2(g) "residential building" means any building which is not a non-residential building: " "Sec. 2(hh) specified landlord means a person who is entitled to receive rent in respect of building on his own account and who is holding or has held an appointment in a public service or post in connection with the affairs of the Union or of a State: " "13A. Right to recover immediate possession of residential or scheduled building to accrue to certain persons:Where a specified landlord at any time, within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he does not own or possess any other suitable accommodation in the local area in which he intends to reside to recover possession of his residential building or scheduled building, as the case may be, for his own occupation, there shall accrue, on and from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary, a right to recover immediately the possession of such residential building or scheduled building or any part or parts of such building if it is let out in part or parts: Provided that in case of death of the specified landlord, the widow or widower of such specified landlord and in the case of death of such widow or widower, a child or grand-child or a widowed daughter-in-law who was dependent upon such specified landlord at the time of his death shall be entitled to make an application under this section to the Controller:- (a) in the case of death of such specified landlord, before the commencement of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, within one year of such commencement; (b) in the case of death of such specified landlord, after such commencement, but before the date of his retirement, within one year of the date of his death; (c) in the case of death of such specified landlord, after such commencement and the date of his retirement, within one year of the date of such retirement; and on the date of the such application the right to recover the possession of the residential building or scheduled building, as the case may be, which belonged to such specified landlord at the time of his death shall accrue to the applicant; Provided further that nothing in this section shall be so construed as conferring a right, on any person to recover possession of more than one residential or scheduled building inclusive of any part of parts thereof if it is let out in part or parts: Provided further that the Controller may give the tenant a reasonable period for putting the specified landlord or, as the case may be, the widow, widower, child, grandchild or widowed daughter-in-law in possession of the residential building or scheduled building, as the case may be, and may extend such time so as not to exceed three months in the aggregate. Explanation:- For the purposes of this section expression "retirement" means termination of service of a specified landlord otherwise than by resignation." (Emphasis supplied);