LAWS(P&H)-2020-3-258

RAVI KUMAR Vs. CHAMAN LAL CHOHAN

Decided On March 05, 2020
RAVI KUMAR Appellant
V/S
Chaman Lal Chohan Respondents

JUDGEMENT

(1.) The tenant-petitioner has filed the present revision petition under sub-section 5 of Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the '1949 Act') against order declining his application for leave to contest. By Punjab Act no.9 of 2001, Section 13-B has inserted granting a right to Non Resident Indians to apply for recovering of immediate possession of residential building or scheduled building and/or non-residential building. Section 13-B of the 1949 Act is extracted as under:-

(2.) Section 18-A of the 1949 Act lays down the procedure for deciding the applications filed under Section 13-B. Sub section 4 of Section 18 lays down that leave to contest would only be granted if the tenant makes out a prima facie case to the satisfaction of the Court that leave to contest is required to be granted.

(3.) In the present case, application supported by an affidavit for grant of leave to contest was filed which has rejected by the learned Rent Controller by a detailed order.