KIRAN Vs. JASWINDER SINGH

JUDGEMENT

(1.) PETITIONERS have filed this petition challenging the order dated 7.9.2013 whereby application under Section 18A of the East Punjab Rent Restriction Act, 1949 ('Act' for short) moved by the petitioners for grant of leave to contest the eviction petition under Section 13(B) of the Act moved by respondent Jaswinder Singh, was dismissed and in consequence thereto their ejectment from the tenanted premises was ordered. Learned counsel for the petitioners has submitted that the application had been moved within limitation. In fact, service on the petitioners was effected on 9.8.2012. The Process Server with a view to help the landlord had changed the date of service of summons to 8.8.2012.

(2.) LEARNED counsel for the respondent, on the other hand, has opposed the petition and has submitted that application moved by the petitioners for leave to contest the application had been filed after expiry of period of limitation. Learned counsel for the respondent has placed reliance on Om Parkash v. Ashwani Kumar Bassi', 2010 (4) Civil Court Cases 0137, wherein it was held as under: - -

(3.) CASE of the respondent was that his father had purchased the demised premises vide sale deed dated 21.8.1974 and had rented out the same to the petitioners on a monthly rent of Rs. 3500/ - in the year 1998. Father of the respondent expired on 30.9.2001. Case of the respondent further was that he was a nonresident Indian and was residing in Spain and had now returned back to India and wanted to permanently reside in the house in question. Hence, the ejectment of the petitioners was sought from the premises in question.