HIND SONS AGENCY Vs. JAI PARKASH JAIN

JUDGEMENT

(1.) This is tenants' revision petition challenging the impugned order dated 7.12.2010 whereby their application for leave to defend, a petition filed under Section 13-B of East Punjab Urban Rent Restriction Act has been declined.

(2.) The brief facts of this revision petition are that the respondent-landlord claiming himself to be an NRI and owner of the demised premises for more than 5 years prior to the date of initiation of ejectment proceedings had filed the instant ejectment application against the petitioners under Section 13-B of the Rent Act alleging that he required the premises in dispute for his own use and occupation. He intends to come to India for starting his own new venture of import and export.

(3.) It was also mentioned in the said ejectment application that originally Sh. Rajinder Kumar Jain was owner of the premises in dispute. The petitioners took the premises in dispute on rent from him at the rate of Rs. 1200/- per month vide rent note dated 23.1.1984. Sh. Rajinder Kumar Jain had died on 11.10.2001. After his death, the respondent, who is son of aforesaid Rajinder Kumar Jain, has become the owner of the premises in dispute and the petitioners have become the tenants under him qua the premises in dispute on the terms and conditions of the rent note dated 23.1.1984 and there exists relationship of owner/tenant/landlord between the parties.