NARESH GUPTA Vs. RANVIR KUMAR DUGGAL

JUDGEMENT

(1.) This petition is filed by the tenant challenging the order dated 06.05.2014 dismissing his application filed under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949 (here-in-after referred to as the "Act").

(2.) In brief, the respondent-landlord filed an application under Section 13-B of the Act seeking eviction of the petitioner-tenant from the demised premises bearing No.84, Dada Colony, near Industrial Area, Jalandhar, which is in occupation of India Pack Well Industries, Jalandhar through its proprietor as its tenant. It was alleged in the eviction petition that the respondent is the owner of the demised property by way of registered sale deed dated 23.02.1965; he has no other accommodation and has not vacated any such premises after the commencement of the Act; the petitioner was inducted as a tenant by the respondent-landlord at a monthly rent of L 6,000/- per month about 12 years back orally and since their relationship was cordial, no rent receipt was either demanded or issued; and now the premises is required by the respondent-landlord for his personal use and occupation as he intends to return to his native land and wants to settle at Jalandhar, therefore, he asked the petitioner-tenant to vacate the demised premises.

(3.) The petitioner-tenant, however, had filed an application under Section 18-A of the Act seeking leave of the Court to defend the eviction petition alleging that the demised premises was rented out by Krishan Gopal, brother of the respondent-landlord, as owner to M/s India Packaging Company, through its partner Ashwani Kumar vide rent note dated 09.01.1992. It is denied that the demised premises was ever rented out to Shri Naresh Gupta, rather it was alleged that it was rented out to M/s Indian Packaging Company. It was further averred that the rent was never settled @ L 6,000/- per month, but it was settled @ L 5,000/- per month and at present the rent is L 7,320/- per month, which has been deposited by the petitioner-tenant in the account of Shri Krishan Gopal who rented out the demised premises. It was denied that the respondent-landlord is an NRI and having any right to file any petition under Section 13-B of the Act.