LAWS(P&H)-2014-8-130

S. SURINDERJIT SINGH GHUMAN Vs. S. SUKHDEV SINGH

Decided On August 01, 2014
S. Surinderjit Singh Ghuman Appellant
V/S
S. Sukhdev Singh Respondents

JUDGEMENT

(1.) Grant of leave to defend to the respondent-tenant pursuant to an application made by him under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter mentioned as the Act) in a petition filed under Section 13-B of the Act by the petitioner-landlord, is under challenge in this revision petition preferred by the landlord.

(2.) It is claimed that under a lease deed of 27.10.2010, the respondent was incepted as a tenant on a monthly rent of Rs.5,500/- for a period of 9 years with stipulation of increase in 15% of rent after 3 years. The petitioner claiming to be landlord of the premises after purchase of the same by his father Tara Singh Ghuman (since deceased) vide sale deed dated 3.4.1973, had filed a petition under Section 13-B of the Act claiming himself to be a Non-Resident Indian (for short, NRI) living abroad since 1975 but expressing his decision to come back to India to set up business of home d cor in Amritsar in the premises in dispute.

(3.) The said petition was challenged by the respondent-tenant by way of filing an application under Section 18-A of the Act seeking leave to contest the ejectment petition, wherein following objections were taken: