PAWAN ELECTRICALS Vs. GIAN SINGH

JUDGEMENT

(1.) The present revision petition has been filed by the tenantpetitioner against the order of ejectment passed against him by the Rent Controller, Jalandhar. The landlord-respondent had filed an ejectment application under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') which was accepted by the Rent Controller.

(2.) The landlord-respondent averred that he is a NRI and is residing in the UK and is holding a British passport. According to the landlordrespondent he is the owner of the premises in dispute in which the tenantpetitioner was inducted as a tenant about 9 years ago. According to the landlord-respondent the tenant-petitioner had failed to pay the rent and that the landlord-respondent required the premises in dispute for his own use and occupation. As per the landlord-respondent he and his children were settled abroad but due to political and economic uncertainty they had decided to settle in the country of their origin.

(3.) The tenant-petitioner filed an application seeking leave to defend which was allowed by the Rent Controller. Thereafter the tenantpetitioner filed a written statement taking the pleas of mis-joinder of parties and that the signatures of the landlord-responded on the ejectment application and affidavit did not tally with his signatures on his passport. According to the tenant-petitioner the landlord-respondent wanted to either increase the rent or alienate the premises in dispute. It was denied that the landlord-respondent is a NRI or that he fulfilled the requirements of Sec. 13-B of the Act. It was denied that the landlord-respondent required the premises in dispute for his own use and occupation. It was stated that the landlord-respondent owned several other buildings and did not require premises in dispute for his use and occupation.