Law: Punjab Urban Rent Restriction Act, (XXIII of 1949)

Section: 13(3)(a)(i)(a)(b)

Punjab Urban Rent Restriction Act (XXIII of 1949), S. 13 (3) (a) (i) (a) (b)-Landlord cannot apply in respect of a "Scheduled building" unless he requires it for use as a "Scheduled Building'". The landlord cannot apply under subsection (3) of section 13 in respect of a scheduled building unless he requires it for use as a scheduled building. The condition precedent for an application in respect of any kind of building is the non-occupation of a building of the same kind in the urban area concerned. If a person has a non-residential building or rented land in an area, he cannot, according to (ii) (b), get possession of a non-residential building or rented land. If a person has a scheduled building he cannot, according to (i) (b), get possession of a scheduled building, and the same is the case with a residential building. The words `as the case may be' in (i) (b) and (ii) (b) make it clear that the possession of one kind of building is no bar to an application in respect of a building of another kind. JUDGMENT KAIKAUS, J.-Mushtaq Ahmad respondent in this civil revision filed an application against the petitioner Dr. Aziz Rasul under section 13 of the Punjab Urban Rent Restriction Act 1949 for ejectment of the petitioner on the ground that the respondent required it for his own residence. The petitioner is a doctor who is admittedly carrying on a dispensary in the building in dispute. The building belongs to Mushtaq Ahmad respondent and the relationship of landlord and tenant is admitted. In reply to the application, Dr. Aziz Rasul petitioner pleaded firstly that the respondent did not require it for-his personal occupation, secondly that the respondent had ;another residential house in the same urban area, and thirdly that the property in dispute was not a residential building at all. The Rent Controller found that the respondent required the house for personal occupation that the building was a residential building and that the respondent was not occupying any house in the urban area concerned. The petitioner filed an appeal against this decision to the District Judge. The learned District judge agreed with the Rent Controller on all the three points and…

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