- (1.) In the case No. 213/R of 1954 Shri Baij Nath landlord sought eviction of Sardar Badhawa Singh tenant from building No. 4372/A. Ambala Cantonment. In that application eviction of Sardar Badhawa Singh was sought under section 13(3) (a) (i) of the East Punjab Urban Rent Restriction Act, 1949 , hereinafter called the Act. In deciding that case the Rent Controller ordered the eviction of Sardar Badhawa Singh allowing him two months to vacate the house.
(2.) From the order passed by the Rent Controller Sardar Badhawa Singh appealed under section 15 of the Act.
(3.) In allowing the appeal the appellate authority observed- "The respondent has not been clear in making his intention known to this Court or to the Rent Controller and the legislature has not used clear language and under these circumstances it is difficult for this Court to decide whether the case of the plaintiff-respondent is covered by the clause on which it purports to have been based. It was the duty of the plaintiff-respondent to go to the Rent Controller with clear and precise pleadings and as this was not done I am unable to affirm the finding of the Rent Controller that the plaintiff-respondent requires the portion of the building which is in occupation of the appellant for his own occupation.";