HARJIT SINGH Vs. HARCHARAN SINGH

JUDGEMENT

(1.) This petition has been filed against the order dtd. 21/11/2015, passed by the Rent Controller, NRI Cases, Jalandhar, whereby the petition was allowed and it was ordered that the respondent will hand over the vacant possession of the demised premises to the petitioner peacefully, within a period of two months from the date of the said order, failing which the petitioner will be entitled to take vacant possession of the same with the assistance of the Court.

(2.) The brief facts of the case are; that the respondent herein is a Non Resident Indian (NRI) and had filed the eviction petition before the Rent Controller for eviction of the present petitioner/tenant from the property bearing House No. 207, Urban Estate, Phase I, Jalandhar; under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949 (in short 'the Act'), claiming that he need the house for his own use after returning from abroad.

(3.) The property on rent in question included the first floor of the said house which consisted of two bed rooms, dining room, drawing room, store, one kitchen and two bathrooms. Initially, the rent was fixed at Rs.3600.00 per month. The petitioner/tenant continued paying the rent to the respondent/landlord. However, subsequently even the payment of rent was stopped. It was further averred in the petition that the landlord has been residing in Canada, however, he intended to settle down in India-his mother land for spending rest of his life. Accordingly, the eviction petition was filed. The said eviction petition was allowed by the Rent Controller. Aggrieved against the said judgment/order, the present petition has been preferred by the petitioner/tenant.