Faizan Uddin, J. - (1.) Leave granted.
(2.) This appeal by the landlord has been directed against the order dated November 28, 1995 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision No. 3638/1995 setting aside the order dated September 30, 1995 passed by the Rent Controller, Chandigarh rejecting the application of the tenant-respondent herein filed under Section 18-A(4) of the East Punjab Urban Land Restriction Act, 1949 (hereinafter the Act) seeking leave to defend the eviction proceedings initiated by the appellant landlord.
(3.) The appellant is the owner of House No. 1013 Sector 27-B, Chandigarh which is occupied by the respondent on a monthly rent of Rs. 7,000/-. The appellant was in the service of Indian Army and retired as a Col. on 21-2-1995. While in service the appellant was allotted Government accommodation House No. 960, Sector-2, Panchkula. He was, however, granted permission to retain the Government accommodation temporarily after his retirement. Consequently, the appellant-landlord, after his retirement, presented a petition on March 28, 1995 before the Rent Controller, Chandigarh supported by an affidavit for eviction of the respondent-tenant by contending that after his retirement from the Indian Army he bona fide requires the premises let out to the respondent for residential purposes as he wanted to settle down at Chandigarh permanently along with his widowed mother and other family members. He pleaded that he has to vacate the Government accommodation and has no other suitable accommodation of his own in the local area of Union territory where he could reside with his family. The appellant had placed on record the original certificate of discharge from service dated March 18, 1995 issued by the Big. Commanding officer, HQ, 98 Army Brigade indicating that the appellant had retired from Army on February 21, 1995. He also placed on record original order dated February 28, 1995, granting him permission to retain the Government accommodation temporarily. He also placed on record a letter dated June 20, 1995 issued by the Station HQ, Chandimandir/Chandigarh stating that he was declared unauthorised occupant of the said Government accommodation with effect from May 22, 1995.;