JASWANT SINGH, J. - (1.) PETITIONER (tenant) is in revision under Section 18-A(8) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), against order dated 31.10.2011 passed by the learned Rent Controller, SAS Nagar, Mohali whereby his application for leave to contest in an ejectment application filed by respondent(landlord) under Section 13(A) of the Act was dismissed and consequent order allowing the application for ejectment have been challenged.
(2.) IN brief, facts of the case are that respondent(landlord) Swaran Kumar Sandhir had filed an application on the ground that demised premises is required by him as he is due to retire on 30.06.2011 from the office of Director General of Police, Punjab and thus the premises which is a flat is required for his own use and occupation. Thereafter, an application for leave to contest was filed by the petitioner(tenant), whereby it was stated that the service of summons was not affected upon him and it was during the pendency of the present petition on 18.01.2011, that his advocate, who is handling other cases of the petitioner(tenant) came to know that respondent(landlord) had filed the eviction petition. Thus, it was stated that there is no service in eyes of law. Ownership of respondent(landlord) was also disputed and it was stated that respondent(landlord) is not entitled for eviction.
(3.) IN reply to the said application for leave to contest, it was stated that the premises is required by the respondent(landlord) for his own use and he is the sole owner of the property.;