ORDER : Learned counsel for the petitioner tenant slates that the objection petition preferred against the execution of the decree by the mother of the petitioner and on her death, pursued by the legal representatives has been withdrawn. 2. Leave granted. 3. The decree for eviction has been passed against the appellant under Section 13(2)(i) of the East Punjab Urban Rent restriction act, 1949. it is not disputed that the controller did not pass an order as contemplated by the proviso to clause (i) of sub-section (2) of Section 13 of the Act. It is a case of clear non-compliance with the provisions of law as interpreted by this Court in the case of Rakesh Wadhawan v. Jagdamba Industrial Corpn (2002) 5 SCC 440 . 4. For this short reason, the appeal is allowed. The decree of the Controller as upheld by the Appellate AuthoritY and the high court is set aside. the case is sent back to the controller for hearing and Decision in accordance with the law laid down by this Court in Rakesh Wadhawan case (2002) 5 SCC 440 . Both the parties through their respective counsel are directed to appear before the Controller on 28-1-2003. The Controller shall pass a provisional order 9 under Section 13(2)(i) proviso and thereafter proceed with the hearing of the case expeditiously. 5. The appeal stands disposed of with no order as to the costs.