S. PALPINDER SINGH SANDHU Vs. SARITA SHARMA

JUDGEMENT

(1.) The petitioner - landlord (hereinafter referred to as 'the petitioner herein') had filed a plea for ejectment of the respondent-tenant (hereinafter referred to as 'the respondent herein') from the tenanted premises, in terms of the provisions of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'). The plea did not find favour with the learned Rent Controller, which held that the petitioner herein had not been able to prove the relationship of landlord and tenant with the respondent herein. In response to the plea raised by the petitioner herein that he is an NRI and that he wants to come back to India and further that he requires the tenanted premises for his personal use and occupation had been contested by the respondent herein by raising a plea that there is no relationship of tenant and landlord and that it Civil was, in fact, the mother of the petitioner herein who had rented out the tenanted premise to the husband of the respondent herein.

(2.) Though the learned Rent Controller upheld the averment that the petitioner herein is an NRI and that "it is clear that the applicant had and has domain and control over the building constructed on plot Nos. 52 and 52 and he shall be deemed as owner of property constructed on plots bearing No. 52 and 53", it was held that the petitioner had not been able to prove that there is relationship of landlord-tenant between them.

(3.) The petitioner-landlord is in revision against it.