PALWINDER SINGH Vs. MEENU DUGGAL AND OTHERS

JUDGEMENT

(1.) Meenu Duggal-respondent no.1 filed petition under Section 13-B of the East Punjab Urban Rent Restriction Act 1949 (in short, the Act) seeking ejectment of revision petitioner from demised premises, comprising of one room with attached bathroom, store, bathroom-cumdressing, kitchen, one parshati, front open space and another room with balcony in front of it and terrace situated on the first floor of the house bearing no.228, A-Block, Ranjit Avenue, Amritsar.

(2.) The case of respondent no.1 in brief is that she is a Non- Resident Indian, presently residing in England for the last 4-5 years with her husband. She intends to return to India and reside here in the property in question, of which ground floor is in possession of Neerja (respondent no.3) who is residing there with her family members. First floor is in possession of Sudesh Beri (respondent no.2). Earlier that portion was in possession of a tenant and respondent no.2 after getting the same vacated started residing there. The portion of the building under tenancy of revision petitioner is the only portion available for respondent no.1 to come and reside in India. She requires the same for her personal bonafide necessity.

(3.) Upon notice, revision petitioner put in appearance and moved application seeking leave to defend. Denying his relationship of landlord and tenant with respondent no.1 it was alleged that respondent no.1 does not fall in the definition of Non-Resident Indian or require the demised premises for her use and occupation.