AMEET SINGH Vs. HARMINDER KAUR

JUDGEMENT

(1.) This revision petition is directed against the order of the learned Rent Controller, SAS Nagar, Mohali dated 11.11.2011 by which an application filed by the tenant for seeking leave to defend and file written statement in a petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"], has been declined.

(2.) In brief, the respondent filed an application under Section 13-B of the Act in which it is alleged that she had let out the demised premises to the petitioner in the month of April, 2009 on monthly rent of Rs. 2,500/- with a condition of increase by 10% every year. It is further alleged that she has no sufficient accommodation in India and whenever she has to visit India, she has to stay in House No.55, Sector-8, Chandigarh.

(3.) In the application for leave to defend, it was alleged that the sons and daughters of the landlord are settled either in UK or in USA. She has got one bedroom under her lock and key in the demised premises and the tenant is occupying only one room, kitchen and wash room. It is also alleged that there is no actual need, rather it is only a ploy to get the demised premises vacated. The learned Rent Controller discussed each and every issue raised by the petitioner separately in which he has observed that the petitioner is admittedly NRI and is owner of the demised premises from the last more than 5 years. She does not have any other accommodation in the urban area of Mohali where the demised premises is situated. Her need is ultimately found to be bona fide and accordingly the application for leave to defend was declined.