JATINDER KAUR Vs. ROHIT CHOPRA

JUDGEMENT

(1.) The landlady is in revision against the order of the learned Rent Controller, Chandigarh dated 06.01.2011 by which tenant has been granted leave to defend the petition filed by the landlady under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949for short ''the Act''..

(2.) The case set up by the landlady is that she is a Non-Resident Indian and owner of the demised premises in which tenant occupies partly constructed portion of the ground floor at the monthly rent of Rs. 1,900/- excluding electricity and water charges. The landlady, who is residing at Canada for a long time, decided finally to settle in India and for that purposes she sought eviction of the tenant. After due notice, the tenant filed application under Section 18-A of the Act in order to seek leave to contest which has been granted by the learned Rent Controller on the following grounds:-

(3.) In order to assail the aforesaid findings of the learned Rent Controller on the basis of which the petition filed under Section 13-B of the Act has been found to be triable, the learned counsel for the petitioner has submitted that there is no provision under Section 13-B of the Act which requires filing of an affidavit along with the application for ejectment, the General Power of Attorney is specifically empowered to seek ejectment of the tenant and the personal requirement has been clearly mentioned by the landlady that she wanted to finally settle in India for which she requires her own house.