(1.) This is landlord's revision petition under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949, for short 'the Act', as applicable to Chandigarh, against the order dated March 9, 2011 dismissing the application under Section 13 B of the Act, while deciding the application for leave to defend filed by the tenant- respondent.
(2.) Section 13-B of the Act entitles a Non-Resident Indian to recover immediate possession of the residential building or scheduled building, in case it is required for his use and occupation provided that right to apply for eviction under said Section would be available only after a period of 5 years from the date of becoming owner of the building. The said right is available only once during the life time of such a owner. The procedure to deal with such an application under Section 13 B of the Act is prescribed under Rule 18 A which reads as follows:-
(3.) A perusal of the above said procedure indicates that after service of summons in prescribed form the tenant shall have no right to contest the prayer for eviction unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller. In case he fails to put in appearance pursuant to the summons or fails to obtain such leave, the statement made by the specified landlord shall be deemed to be admitted by the tenant and the applicant shall be entitled to order for eviction. The provisions of Section 18-A (5) of the Act gives the power to the Controller to give leave to contest the application under Section 13 B of the Act if the affidavit filed by the tenant discloses such facts as would disentitle the specified landlord or other persons mentioned in the statute from obtaining an order for the recovery of possession of the building in dispute. In case the leave is granted to the tenant, the Rent Controller is required to commence the hearing on a date not later than one month from the date on which the leave granted to the tenant to contest and shall hear the application from day-to-day till the hearing is concluded and application decided.