J.V.GUPTA, J. - (1.) THIS revision petition is directed against the order dated June 10, 1988 whereby the application under Section 13A of the East Punjab Urban Rent Restriction Act filed by the petitioner - Narain Singh was dismissed.
(2.) NARAIN Singh landlord filed an application under Section 13A of the Act for summary ejectment of his tenant Joginder Singh. According to the landlord, the demised premises is a room forming part of the residential house. On notice served on the tenant he moved an application to contest the ejectment application on the ground that the demised premises was not a residential building as alleged. The learned Rent Controller came to the conclusion that "there is sufficient indication from the pleadings of the parties that the demised premises is a shop under the possession of the respondent-tenant because of which the same was beyond the scope of provisions of Section 13A of the Act" and dismissed the ejectment application vide impugned order. Learned counsel for the petitioner-landlord submitted that there was no occasion for the Rent Controller to dismiss the application summarily. At the most the tenant could be given leave to contest the ejectment application. After the leave was granted, the landlord was entitled to show that the demised premises was a part of residential building and he was entitled to eject his tenant. No meaningful argument could be raised on behalf of the respondent-tenant to contest this proposition. Consequently, this petition succeeds, the impugned order is set aside and the case is sent back to the Rent Controller to decide the matter afresh further allowing the tenant leave to contest the ejectment application filed by the petitioner under Section 13A of the Act. The proceedings will be taken in accordance with sub-clause (6) of Section 18-A of the Act. The parties have been directed to appear in the Court of Rent Controller on May 23, 1990. Order accordingly.;