KAKI NANDA Vs. NAND LAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 3.5.2004 by which the application moved by the respondent-tenant seeking leave to defend the ejectment petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as, `the Act') was allowed. A reading of the order would show that the learned Rent Controller has allowed the application without touching upon the issues raised. The order reads as hereunder:-

(2.) A reading of the observations extracted above would show that the Rent Controller without going into the grounds raised by the respondent-tenant has granted leave on the assumption that the Courts should be liberal to grant permission to defend in such like cases. I am afraid that this proposition of law cannot be accepted in view of the judgment in Baldev Singh Bajwa v. Monish Saini, 2005(12) SCC 778. In terms of that judgment, the leave to defend in a petition under Section 13-B of the Act cannot be granted liberally. The observations of the Hon'ble Supreme Court are as hereunder:-

(3.) A reading of the observations of the Hon'ble Supreme Court would show that the leave to defend can be granted to a tenant under Section 13-B of the Act only if he makes out a strong case to challenge the averments made out in the petition on the grounds enumerated in the aforementioned paragraph of the judgment. The order of the Rent Controller therefore cannot be sustained as it is against the observations made by the Hon'ble Supreme Court in Baldev Singh Bajwa's case (supra).