LAWS(P&H)-2014-10-119

MAAN CHAND Vs. MAYA DEVI PANESAR

Decided On October 10, 2014
Maan Chand Appellant
V/S
Maya Devi Panesar Respondents

JUDGEMENT

(1.) Aggrieved by the order dated 22.08.2014 passed by Rent Controller, Phillaur, ordering the ejectment of petitioner from the demised premises, the petitioner has filed this revision petition seeking setting aside of the impugned order and allowing the application of petitioner seeking leave to defend. Respondent Maya Devi Panesar filed a petition under Section 13-B of East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), seeking the ejectment of petitioner from the shop on rent with him on the ground that she had purchased the said shop on 2.9.1993. She is non-resident Indian residing in London but having Indian passport. She being old lady could not bear the cold weather of United Kingdom and has decided to return to India and live at Phillaur, where she intend to start business in the shop in question along with her daughter to earn her livelihood.

(2.) On notice, petitioner sought leave to defend by moving application under sub-section 5 to Section 18A of the Act on the ground as follows:--

(3.) Learned Rent Controller on appraisal of pleadings and documents on file, reached the conclusion as follows:--