GIAN KAUR Vs. PARAMJIT SINGH

JUDGEMENT

(1.) Gian Kaur has filed this revision petition under Article 227 of the Constitution of India assailing order dated 19.4.2011, Annexure P/5 passed by learned Rent Controller, Jalandhar thereby dismissing the petitioner's application for amendment of ejectment petition. Petitioner's husband Harnek Singh filed ejectment petition under section 13B of the East Punjab Urban Rent Restriction Act, 1949 (in short, the Act) against respondent tenant Paramjit Singh seeking his eviction from the demised property on the ground that the landlord Harnek Singh was Non Resident Indian and wanted to return to India and needed the demised property to carry on his own business and also for residence.

(2.) During pendency of the ejectment petition, original landlord Harnek Singh died. His widow Gian Kaur petitioner herein has been allowed to be impleaded as his legal representative in the ejectment petition vide order dated 2.2.2011, Annexure P/1 passed by the Rent Controller, in spite of contest by the tenant - respondent.

(3.) Thereafter petitioner herein moved application Annexure P/2 for amendment of the ejectment petition to plead that the present petitioner is also Non Resident Indian and she was dependent on her husband Harnek Singh and both of them wanted to shift to India and to settle in the demised property at Jalandhar permanently for business as well as for residence and even after death of Harnek Singh, the present petitioner required the demised property (which is Shop-cum-Flat) for business and residence.