M.M.AGGARWAL, J. - (1.) EJECTMENT petition filed by Amar Nath against the present petitioner-tenant was allowed on 12.8.2004 by the Rent Controller, Amritsar on the ground of bona fide necessity. Thereafter an appeal filed by the present petitioner-tenant was dismissed by the appellate authority, Amritsar on 3.2.2005.
(2.) THIS is revision petition now filed by the tenant. On behalf of the petitioner, it has been argued that during the pendency of the petition, two adjoining shops one in possession of Tirlok Singh was got vacated by the landlord, now respondent on 6.2.2004, which measured 7'9"x 9' and another adjoining shop in possession of Sanjiv Kumar tenant was got vacated on 25.4.2005, which measured 10' x 12'. It was pointed out that the present shop measured only 10' x 10' and when two of the adjoining shops have already been got vacated then there is change of circumstances and the ground of bona fide requirement does not exist. He relied on judgments reported in Hasmat Rai and another v. Raghunath Prasad, 1981(2) RCR(Rent) 401 (SC) : AIR 1981 SC 1711 and Maqboolunnisa v. Mohd Saleha Quaraishi, JT 1998(9) SC 40. It was further argued on behalf of the petitioner tenant that the landlord has shown his wish to start business and wish/desire does not amount to bona fide necessity. He relied on judgments reported in Kempaiah v. Lingaiah and Others, 2002(1) RCR(Rent) 532 (SC) : (2001)8 Supreme Court Cases 718 and Deena Nath v. Pooran Lal, 2001(2) RCR(Rent) 130 (SC). Counsel for the petitioner also argued that the petitioner had earlier filed a petition under Section 13-A of the East Punjab Urban Rent Restriction Act on 31.7.1996, which was withdrawn on 29.10.1996 and present petition filed under Section 13 of the Act was not maintainable due to withdrawal of the earlier petition. He relied on a judgment of this court reported in Mehtab Singh v. Tilak Raj Arora and another, 1988(1) RCR(Rent) 159 (P&H) : 1988 RLR 151.
(3.) PETITIONER is stated to be a retired employee of Punjab State. He was Senior Assistant in the Cooperative department of Punjab State. Section 13-A is a privilege given to specified landlord to get immediate possession of the rented premises whereas Section 13 applies to all categories of landlords. If a person chooses to give up the privilege of filing petition under Section 13-A and withdraws that petition and comes under the general category by filing petition under Section 13 of the Act, that does not mean that the petition filed under Section 13 of the Act will not maintainable.;