LILA DHAR Vs. DINESH KUMAR AND ORS.
LAWS(P&H)-2014-11-136
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 03,2014

LILA DHAR Appellant
VERSUS
Dinesh Kumar And Ors. Respondents

JUDGEMENT

- (1.) Grant of permission to the tenants to contest the petition, filed by the landlord under Section 13-A (1-A) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the Act) vide order dated 22.11.2013 of the Rent Controller, Hisar, forms the foundation of this petition.
(2.) At the outset, for ready reference, Section 13-A(1-A) of the Act may be reproduced as below: "Where an application is made by a landlord who is or was an employee of Government of India or of Government of Haryana or of any State owned Board or Corporation of Haryana within one year prior to or after the date of his retirement or within one year from the date of commencement of Haryana Urban (Control of Rent and Eviction) Amendment Act, 1990, whichever is later, on the ground mentioned in subclause (i) of clause (a) of sub-section (3) of section 13, the same shall be dealt with in accordance with the procedure specified in this section."
(3.) For appreciation of this provision in its correct context, it would be appropriate to append Section 13(3) (a)(i) of the Haryana Act as under: "(3) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession- (a) in the case of a residential building, if, - (i) he requires it for his own occupation, is not occupying another residential building in the urban area concerned and has not vacated such building without sufficient cause after the commencement of the 1949 Act in the said urban area.";


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