LALIT KUMAR Vs. JOGINDER SINGH AUTHI

JUDGEMENT

(1.) PETITIONER before this court is a tenant who has been ordered to be ejected under Section 13-B of the East Punjab Urban Rent restriction Act, 1949 (hereinafter referred to as the "Act"), on an ejectment petition filed by Non-resident Indian-Landlords.

(2.) JOGINDER Singh and Gurdial Singh, landlords, filed an ejectment petition under Section 13-B of the Act seeking eviction of the tenant from the shop in question. The ejectment was sought on the ground of personal necessity as provided under Section 13-B of the Act. It was pleaded that the landlords are Non-resident Indians and had been residing in England for the last more than 14 years but were even owners of the shop in question for the last more than 30 years. It was pleaded that Joginder Singh, Petitioner No. 1 had returned to India with intention of settling here and required the shop for his bona fide use and occupation as he wanted to settle in India and start his own business. It was specifically claimed that landlords are not in possession of any other shop within the urban area of Jalandhar and have not vacated any such shop. On a leave to defend having been granted, the tenant contested the petition. It was claim that landlords were not Nonresident Indians. The description of the shop was also challenged. It was denied by the tenant that the landlords had any intention to settle in India or that they had returned in India or wanted the shop for their personal use and occupation.

(3.) I have duly considered there aforesaid contention raised by the learned counsel. At the out-set, the provisions of Section 2(dd) of the Act may be noticed as follows :