MAHESH GROVER, J. - (1.) IN the present revision petition preferred by the tenant against order dated 4.1.1999 of the Rent Controller, Jagraon (herein after described as 'the Rent Controller'), the only question that is to be determined is as to whether the provisions of Section 13-A of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act') entitled the landlord to seek eviction of the tenant from the premises which are commercial in nature.
(2.) THE respondent-landlord sought the ejectment of the petitioner-tenant from the premises in question which, admittedly, is a shop let out to latter at the rate of Rs. 40/- per month. A rent deed dated 21.7.1971 was duly executed in this regard which mentions the premises to be a pucca shop bearing No. M.C. 1644. The respondent, who retired from Government service on 30.9.1996, claimed himself to be a specified landlord and invoked the provisions of Section 13-A of the Act to evict the petitioner. The petition was resisted by pleading that it was not maintainable under Section 13-A of the Act as the premises in question were commercial in nature.
(3.) ON the pleadings of the parties, the Rent Controller framed the following issucs :- 1. Whether applicant is a specified landlord of the suit property ? OPA 2. Whether the applicant is entitled for ejectment of respondent as prayed for ? OPA 3. Whether the present petition is not maintainable ? OPR 4. Whether provisions of Section 13-A of Rent Act are not applicable ? OPR 5. Whether the petitioner is estopped by his own act and conduct from filing the present petition ? OPR 6. Relief. ;