JUDGMENT Mr. Rakesh Kumar Garg, J.: - This is landlord’s revision petition challenging the impugned order dated 03.03.2011 of Rent Controller, Hoshiarpur, whereby respondent-tenant has been granted leave to defend eviction application filed under Section 13-B of East Punjab Urban Rent Restriction Act, 1949 (herein after refer as ‘Act’). 2. There is a dispute regarding the fact as to whether the respondent-tenant has filed the application for leave to defend within limitation period or not. According to the learned counsel for the petitioner-landlord, the said application was filed by the landlord beyond the period of limitation whereas it is the case of respondent-tenant that he was not served with summon in the prescribed form, as per schedule 2 of the Act and therefore, the application for leave to defend filed by him was rightly allowed. 3. A perusal of the impugned order would show that while passing the said order, the Rent Controller has not given any finding with regard to the aforesaid controversy. 4. Thus, keeping in view the facts and circumstances of the case, the impugned order is set aside with a direction to the Rent Controller to pass a fresh order on the application of respondent-tenant for leave to defend in accordance with law within one month from the date of receipt of certified copy of this order. Disposed of. -----------------