STATE BANK OF INDIA Vs. AMARBIR SINGH PANJHAZARI

JUDGEMENT

(1.) This is tenants revision petition challenging the order dated 6.9.2010 of the Rent Controller, Patiala whereby an application for leave to defend filed by it in an ejectment petition filed under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949, (hereinafter referred to as the Act) by the respondent/landlord was declined.

(2.) Briefly stated, the petitioner had taken on lease the demised premises i.e. Kothi No.4-A/1, Raghbir Marg, Model Town, Patiala, from the mother of the respondent in the year 1985 vide lease deed dated 10.1.1985. The said lease was renewed from time to time and was lastly renewed vide lease deed dated 18.9.1999 for a period of three years w.e.f. 1.2.1998 with the option to petitioner-Bank for further renewing the lease for further 2 terms, each term not exceeded three years.

(3.) The respondent filed the instant petition under Sec. 13-B of the Act claiming himself to be owner of the demised premises on the basis of a gift deed dated 16.9.2003 and further claiming himself to be an NRI in the year 2009 seeking ejectment of the petitioner on the ground that the demised premises were required by him for his own use and occupation.