YOGESH KUMAR WALIA Vs. JOGINDER SINGH

JUDGEMENT

(1.) Petitioner-tenant is in revision aggrieved against the order dated 22.4.2010 (Annexure P-7), whereby an application for leave to defend filed by the petitioner to cross-examine the landlord was declined. The challenge is also to another order dated 22.4.2010 (Annexure P-8) wherein an order of eviction was passed against the petitioner under Section 13-B of the East Punjab Urban Rent Restriction Act 1949 (for short the 'Act').

(2.) The brief facts leading to the aforesaid orders are that the respondent filed a petition under Section 13-B of the Act on 6.8.2009, alleging therein, that his father Mehanga Singh was the owner of the property in question. He died on 23.4.2009 and that he along with his brother succeeded to the estate of Mehanga Singh on the basis of registered Will dated 20.11.1984. He, a Non Resident Indian (NRI), is entitled to seek eviction in terms of Section 13-B of the Act inserted vide the Punjab Act No. 9 of 2001.

(3.) On 30.7.2012, the learned Single Bench expressed his disagreement with the judgment of a learned Single Bench of this Court reported as, Ved Parkash Sharma, vs. Ranbir Singh Sahota and another,2008 1 PunLR 33 and referred the matter to the Larger Bench. It is in pursuance of such order, the matter has been placed before this Bench.