LAWS(P&H)-2014-7-242

RAJINDER KAUR Vs. CHARANJIT SHEHAN

Decided On July 16, 2014
RAJINDER KAUR Appellant
V/S
Charanjit Shehan Respondents

JUDGEMENT

(1.) In this revision petition preferred under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short, the Act), challenge has been made to order dated 16.2.2013 of the Rent Controller, Ludhiana passed in a petition under Section 13-B of the Act whereby application of the petitioner-tenant filed by him under Section 18-A of the Act for seeking leave to contest the petition was declined and the petition of the respondentslandlords under Section 13-B of the Act was accepted giving two months' time to the petitioners-tenants to vacate the demised premises.

(2.) In a petition filed under Section 13-B of the Act, the eviction of the tenant was sought from the demised premises, interalia, on the averments that:

(3.) An application under Section 18-A of the Act was moved by the tenant seeking leave to contest the petition. It was claimed that neither the summons to the tenant were sent on the specified proforma nor the summons were accompanying copy of the ejectment petition. It is averred that in these circumstances, the tenant could know the nature of the proceedings only after inspection of the judicial file which was done by a counsel engaged by him. When he came to know that the petition under Section 13-B of the Act had been filed, only then an application was moved for seeking leave to defend.