- (1.) The matter has been placed before us in pursuance of an order passed by the learned Single Judge of this Court on 14.12.2009, whereby the question whether a specified landlord can seek eviction of his tenant in a summary manner from a non-residential building in terms of Section 13-A(1A) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act') was sought to be decided by larger Bench.
(2.) Some facts in brief and legislative provisions would be necessary to note. The petitioner herein sought the ejectment of the respondent from a tenanted premises consisting of a room in terms of Section 13-A(1A) of the Act. The said petition was dismissed by the learned Rent Controller, inter-alia, on the ground that such provisions would be applicable only to the residential premises and not to commercial premises (non residential building). It was further held that neither the premises in question are residential nor the petitioner-landlord requires the same for residential purposes.
(3.) Learned Single Judge of this Court while hearing the present petition observed that after the Judgment of the Hon'ble Supreme Court in Harbilas Rai Bansal v. the State of Punjab, 1996 112 PunLR 227, in respect of the provisions of the East Punjab Urban Rent Restriction Act, 1949 and the Division Bench judgment of this Court in Ved Parkash Gupta v. State of Haryana and Another, 1997 116 PunLR 775 in respect of the provisions of the Act, there is no restriction of eviction of the tenant from a non residential building for a bona-fide residential use. Therefore, the question posed was whether a specified landlord can be denied eviction of his tenant from a 'non-residential building' under Section 13-A of the Act, when sub-section (1-A) thereof expressly enables him to seek eviction of the tenant on the ground mentioned in sub-clause (i) of clause (a) of Sub-section (3) of Section 13 of the Act.;