HARVINDER SINGH Vs. AVTAR KRISHAN

JUDGEMENT

(1.) The petitioner herein has filed two revision petitions. In Civil Revision No.2045 of 2014, he assails the correctness of the order passed by the Rent Controller refusing him leave to contest the petition filed under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the 1949 Act'). Whereas, in Civil Revision No.2046 of 2014, he questions the correctness of the consequential order of his ejectment.

(2.) Under Sec. 13-B of the 1949 Act, a non resident Indian owner can pray to recover immediate possession of one building during his lifetime. This is an opportunity granted to the Non Resident Indian (NRI) to recover the immediate possession under the special provision. Sec. 18-A of the 1949 Act provides that the tenant shall be entitled to apply for leave to contest a petition filed under Sec. 13-B of the 1949 Act. It makes out a strong ground which would ultimately disentitle the owner from getting the order of eviction. In the present case, the tenancy commenced on 15/3/1954. The petition under Sec. 13-B of the 1949 Act was filed in the year 2011.

(3.) This Bench has heard the learned counsels representing the parties at length and with their able assistance perused the paper book.