LALIT KUMAR Vs. OM PRAKASH DHIMAN

JUDGEMENT

(1.) The Respondent, a Non Resident Indian, has filed the petition for ejectment of the present Petitioner under Section 13B of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') as applicable to Chandigarh vide Government of India notification dated 09th October, 2009.

(2.) The Petitioner had earlier filed an application for leave to defend, which was allowed by the learned Rent Controller on 30th September, 2010. However, in revision against the said order, the said order was set aside by this Court. Thereafter, the learned Rent Controller passed the order of eviction. The arguments raised before the Rent Controller was that after leave to defend application was declined, the order of ejectment was not to be passed and the Court is to consider the grounds of eviction. Such argument has been negated by the Rent Controller.

(3.) Learned Counsel for the Petitioner has vehemently argued that the Petitioner has sought leave to defend on five grounds, but it was allowed on one ground by the learned Rent. Controller. This Court while allowing the revision found the said ground without merit and allowed the revision. There was no occasion for the Petitioner to seek leave to defend on other grounds before this Court. Therefore, the Rent Controller was bound to consider other grounds as well for grant of leave to defend.