ORIENTAL INSURANCE COMPANY LIMITED Vs. SUDESH BANSI

JUDGEMENT

(1.) The Oriental Insurance Company Limited, which is a tenant in the demised premises, has filed this revision petition under Section 18 A (8) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as `the Act') against the order dated 20.2.2007, passed by the Rent Controller, Jalandhar, whereby application of the petitioner company for leave to contest the ejectment application filed by the respondent under Section 13-B of the Act being Non Resident Indian landlady has been dismissed.

(2.) The respondent filed an application under Section 13-B of the Act for ejectment of the petitioner company from the demised premises by alleging on affidavit that the petitioner is in occupation of the demised premises as tenant under the respondent at the rate Rs. 3,622/- per month since 1.2.1999. It was alleged that the respondent is a Non Resident Indian and has returned to India to permanently settle here. She is the owner of the demised premises for the last more than five years. She requires the front portion of the property under the occupation of the petitioner for her own use and occupation for the purpose of running the business of readymade garments. She has neither possessed any other non-residential building situated within the municipal limits of Jalandhar nor got vacated the same under Section 13-B of the Act.

(3.) After service of the notice, the petitioner filed an application for grant of leave to contest the ejectment application filed by the respondent on the ground that the respondent is not owner of the demised premises, which according to the petitioner is owned by HUF of Amrik Singh and others. The respondent is not a Non Resident Indian. Her requirement of the demised premises is not bonafide.