RAJ KUMAR Vs. BHUPINDER KAUR AULAKH

JUDGEMENT

(1.) The tenants assail the correctness of the order of the Rent Controller passed while dismissing their application for leave to defend the petition seeking their eviction.

(2.) The respondents (landlords) have filed a petition under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the 1949 Act'), seeking the eviction of the petitioners herein from the shop in question. Sec. 13-B of the 1949 Act enables a Non Resident Indian to recover immediate possession of residential, scheduled or non-residential building. Sec. 18-A of the 1949 Act provides that the tenant may file an application within the time prescribed along with his affidavit stating the grounds on which he seeks the leave to contest the application. The Rent Controller may grant leave to contest if the affidavit filed by the tenant discloses such facts as would disentitle the specified landlord from obtaining the order of recovery of possession.

(3.) In the present case, the eviction of the petitioner has been sought from a portion of the property bearing Municipal No.84/12. The tenants, while filing the affidavit sought leave to contest. He apart from other defences have also asserted as under:-