KANWALJIT SINGH Vs. BANARSI DASS

JUDGEMENT

(1.) The petitioner is the landlord who has filed this petition under Section 13-B of the East Punjab Rent Restriction Act, 1949 (for short, 'the Act'), seeking eviction of the respondent/tenant from property No. E-204, Phase IV-A, Focal Point, Dhandari Kalan, Ludhiana.

(2.) In the said petition, the respondent had filed an application seeking 'leave to defend', which has been allowed by the impugned order dated 06.8.2005 only on the ground that the petitioner is not the owner and is rather a lessee having a lease of 99 years of the demised premises from the Punjab State Small Industries Corporation Limited, Chandigarh (for short, 'the Corporation') which was allotted to him vide allotment letter dated 13.5.1982.

(3.) The case set up is that the petitioner is the owner of the demised premises by virtue of allotment. He had let it out to the respondent in the year 1992 on a monthly rent of Rs. 650/- besides house tax and electricity charges. Thereafter, one more shop was let out to the respondent by removing the intervening wall and the rent of the shop was increased from Rs. 650/- to Rs. 2600/- per month besides house tax and electricity charges. He filed the petition for eviction on the ground that he is Non-Resident Indian and requires the premises in dispute for his personal use and occupation.