HARJINDER SINGH Vs. BALJIT KAUR

JUDGEMENT

(1.) This judgment shall dispose of two civil revision petitions i.e. CR Nos. 2337 and 6131 of 2011 which have arisen out of the same ejectment petition between the same parties.

(2.) The respondent-landlord filed an ejectment petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 for eviction of the petitioner from the demised premises i.e Booth No. 49, Phase-3B-2, Mohali, claiming herself to be Non Resident Indian and owner/landlord of the demised premises for the last 5 years prior to the date of filing of the ejectment petition. It was also averred by the respondent that she is aged approximately 68 years and her husband is of approximately 74 years and they wish to come back to India to settle permanently as they want to spend rest of their life in their motherland and require the demised premises for their personal use. It was also averred that she does not have any other source of income and wants to start business in the said premises.

(3.) Upon notice, the petitioner appeared before the Rent Controller and moved application under Section 18-A of the Act seeking leave to defend, on the ground that respondent is not an NRI and does not intend to live in India as she is permanently settled in England along with her family. She is not the complete owner of the property in dispute. She has not produced any deed of ownership of booth No. 49, Phase 3-B2, Mohali. No conveyance deed has been issued in her favour by the Estate Officer, Urban Estate, Punjab, and in the absence of any registered conveyance deed, the respondent does not fall in the definition of owner and thus, the triable issues are raised and therefore, the petitioner was entitled to the grant of leave to defend.