D.V.SEHGAL, J. - (1.) THIS revision petition is directed against the order dated 8.5.1986 passed by the Rent Controller, Ludhiana holding that the petitioner is not a "specified landlord" within the meaning of section 2(hh) of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) and is, therefore, not entitled to seek eviction of his tenant by invoking summary jurisdiction under section 13-A of the Act.
(2.) THE petitioner retired from Government service as Superintendent Jail on 28.2.2985. He purchased property bearing No. B-XIII-388, Kucha Harnam Dass, Jail Road, Ludhiana on 8.4.1985. The respondent was already in occupation of the same as tenant. The question that comes in for consideration is whether qua a property purchased within a year after his retirement by a person who had held appointment in a public service, he comes within the definition of "specified landlord" as contained in Section 2(hh) of the Act. Learned counsel for the petitioner contends that it is not necessary that such a person must be a landlord qua the property on the date of his retirement from service. The acquisition of the property by him subsequent to retirement but within the period of one year would bring him within the definition of "specified landlord". Learned counsel for the respondent, on the other hand, has contended that section 2(hh) and section 13-A were incorporated in the Act to enable the defence personnel, Central and State Government employees to secure eviction of tenants from the residential and schedule buildings which they own on the eve of their retirement or soon thereafter and to achieve this object summary remedy has been provided thereby. To appreciate the rival contentions, it is necessary to reproduce her the relevant provisions: Section 2(hh) :- "specified landlord" means a person who is entitled to receive rent in respect of a building on his own account and who is holding or has held an appointment in a public service or post in connection with the affairs of the Union or of a State."
(3.) SECTION 13-A : Right to recover immediate possession of residential or scheduled building to accrue certain persons:- "Where a specified landlord at any time, within one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, whichever is later, applies to the Controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect that he does not own and possess any other suitable accommodation in the local area in which in intends to reside to recover possession of his residential building or scheduled building, as the case may be, for his own occupation, there shall accrue, on and from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether expressed or implied), custion or usage to the contrary, a right to recover immediately the possession of such residential building or scheduled building or any part or parts of such building if it let out in part or parts; provided that.........." ;