GURIQBAL SINGH Vs. GURJAIB SINGH

JUDGEMENT

(1.) This revision petition is directed against order dated 02.08.2010 passed by the Rent Controller, Kharar by which an application filed by the tenant under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) seeking leave to defend the application filed by the landlord under Section 13-B of the Act, has been allowed.

(2.) In brief, the petitioners filed an application under Section 13-B of the Act alleging therein that they are NRI as petitioner No.1 is living in United States of America (USA) and petitioner No.2 is a resident of England. They had purchased the demised premises in the year 1990 which is now required for their own use and occupation. Notice of the application was issued on the prescribed form. Pursuant thereto, the tenant filed an application under Section 18-A of the Act alleging that the petitioners are not NRIs as neither they have taken any employment outside India nor they are carrying on any business. Reply to the application was filed by the petitioners in which it was reiterated that they are NRIs, who have settled abroad since long. The learned Rent Controller has allowed the application filed under Section 18-A of the Act on the ground that the plea that petitioners are NRIs is to be decided only after taking evidence. It was also observed that there are other controversies, which can only be determined when the evidence is led by the parties.

(3.) Aggrieved against the impugned order, the present revision petition is filed in which notice of motion was issued and further proceedings before the trial Court were ordered to be stayed on 23.9.2010.