AMARJIT SINGH Vs. SAT PAL SINGH

JUDGEMENT

(1.) This is landlord's revision petition challenging the impugned order dated 22.4.2011, whereby the respondent-tenant has been granted leave to defend the petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, "the Act").

(2.) Briefly stated, the petitioner had filed the instant ejectment petition claiming himself an NRI and owner of the suit property for more than 5 years prior to filing of the instant ejectment petition on the ground that after his retirement, he intends to settle in India and establish his business in the demised premises.

(3.) Upon service, the respondent-tenant moved an application for grant of leave to defend on the ground that earlier also, the petitioner had filed an ejectment petition against him under Section 13-B of the Act on 15.11.2001 and the same was got dismissed as withdrawn. Not only this, the petitioner had also filed similar petitions against many other tenants and thereafter, these ejectment petitions were withdrawn and the petitioner executed sale deeds in favour of the said tenants with respect to the demised premises. Thus, on the basis of the aforesaid facts, projecting that need of the petitioner was not bona fide, the respondent-tenant sought grant of leave to contest the ejectment petition.