CHAUDHARY AUTO DIVISION Vs. AJIT KAUR

JUDGEMENT

(1.) Mrs. Ajit Kaur, respondent herein had filed a petition before the Rent Controller, Hoshiarpur under Section 13-B of the East Punjab Rent Restriction Act, 1949 (hereinafter mentioned as the Act) to seek eviction of tenant M/s Chaudhary Auto Division, Hoshiarpur. In the said petition, an application was moved by the tenant under Section 18-A(5) of the Act for obtaining leave of the court to appear and contest the said application for eviction. Dismissing the said application, the petition of the respondent landlady was allowed with costs. These orders of dismissal of the application as also of grant of eviction petition, both of 1.3.2004 passed by the Rent Controller, Hoshiarpur are under challenge in this revision petition.

(2.) It is claimed by the tenant, the petitioner herein, that neither the landlady was a Non-Resident Indian (NRI) nor had any personal necessity. It is averred that the petition preferred by the landlady was merely a ruse to get the premises vacated by taking recourse to provisions of Section 13-B of the Act, whereas earlier petition of eviction against the tenant had been dismissed and the landlord had remained unsuccessful even in the appeal. Civil Revision petition preferred by the landlord in this court had also been dismissed. It is claimed that the respondent-landlady Smt. Ajit Kaur had other properties as well but had not disclosed the said fact as also about the properties owned by her husband.

(3.) The respondent herein though had initially contested the petition through her counsel but never appeared thereafter. Sequelly, arguments of the petitioner-tenant alone have been heard while going through the grounds of the revision petition and impugned judgments while appreciating other attending facts and circumstances on the file.