USHA RANI Vs. JASWINDER SINGH

JUDGEMENT

(1.) Civil Misc. No. 24261-CII of 2010 CM is allowed and a copy of order dated 19th Jan., 2009 annexed therewith is taken on record. Civil Revision No.828 of 2010

(2.) Application filed by the petitioner seeking leave to contest was dismissed by the Rent Controller, Jalandhar vide order dated 22.10.2009, being barred by limitation as it was filed after 77 days from the date of receipt of notice.

(3.) Briefly stated, respondent-landlord had filed an eviction petition under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as, 'the Act') to cause eviction of the petitioner from the premises described in the head-note of the eviction petition. Since the respondent-landlord pleaded that he, being a Non- Resident Indian, could in vok the special provision of Sec. 13-B of the Act. The eviction petition was instituted on 14th Nov., 2008 and the notice was issued for 19th Jan., 2009. It is stated that on 4th Dec., 2008, the Process Server had recorded refusal of the petitioner on the summons. This report of refusal was not accepted by the Rent Controller and on 19th Jan., 2009, he passed the following order: