Jaswant Singh, J. - (1.) PETITIONER (tenant) is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), against order dated 14.09.2012 passed by the learned Rent Controller, Chandigarh, whereby the petition filed by the respondent (landlord) Air Marshal K.D. Singh under Section 13(A) of the Act, for evicting the petitioner (tenant) from complete first floor and second floor of alleged SCF No. 10, Sector 9 -D, Chandigarh was allowed. In brief, facts of the case are that respondent (landlord) stated that he is an Air Marshal in the Indian Air Force and the demised premises is under his ownership. It was further mentioned that he is due to retire on 30.09.2009 and, therefore, he is entitled to eviction of the petitioner (tenant) from the demised premises for his own use and occupation and hence, the petition under Section 13(A) of the Act be allowed.
(2.) UPON notice, petitioner (tenant) appeared and filed application for leave to contest, which was dismissed by the learned Rent Controller as well as by this Court. However, Hon'ble Supreme Court, on concession given by the counsel for the respondent (landlord), granted leave to contest vide order dated 06.08.2010. Thereafter, in reply to the ejectment application filed by the respondent (landlord), various objections were taken among which it was stated that the demised premises is not a shop -cum -flat. It was further stated that it is an office. It was further averred that respondent (landlord) is only a co -sharer and a co -sharer cannot maintain a petition under Section 13(A) of the Act. Finally, it was stated that shop cum flat is not defined under the Act and, therefore, the respondent (landlord) is not entitled to get eviction. From the pleadings of the parties issues were framed. Both sides lead their evidence in support of their respective claims and after appreciating their evidence, ejectment application was allowed by the learned Rent Controller, Chandigarh vide order dated 14.09.2012. Hence the present revision.
(3.) I have heard learned Counsel for the parties and have gone through the case file carefully with their able assistance.;