J.V.GUPTA,J - (1.) THIS is tenant's petition against whom eviction order dated August 11, 1987, has been passed under Section 13A of the East Punjab Urban Rent Restriction Act, as amended (hereinafter called the Act).
(2.) AS per the case of the landlord, he gave on rent a portion of the entire property unit No. 1-R, Model Town, Ludhiana, on a monthly rent of Rs. 825/-. Subsequently, the rent was increased to Rs. 1700/- per month. The premises were let out on November 22, 1977. The landlord was serving in the Army and was relieved therefrom with effect from June 1.1.1954. One of the objections raised by the tenant was the landlord was not a specified landlord and, therefore the petition was not competent under Section 13A of the Act. The learned Rent Controller relying upon the judgment of this Court in D.N. Malhotra v. Kartar Singh, 1987(1) RCR 432, came to the conclusion that a landlord was a specified landlord and that the petition under Section 13A of the Act, was competent. Now, the said judgment has been reversed by the Supreme Court and is reported as Dr. D.N. Malhotra v. Kartar Singh, 1988(1) RCR 177 : 1988(1) Rent Law Reporter 244 since the premises were let out on November 22, 1977, whereas the petitioner was relieved from the Army in the year 1954, the landlord was not a specified landlord at the time of his retirement and, therefore, could not invoke the provisions of Section 13A of the Act, as such. Consequently, this revision petition succeeds and is allowed. The impugned order is set aside and the application under Section 13A of the Act filed by the landlord is dismissed with no order as to costs. Revision petition succeeds.;