LAWS(P&H)-2017-1-324

VIJAY KUMAR VERMA Vs. SUKHBIR KAUR GILL

Decided On January 17, 2017
VIJAY KUMAR VERMA Appellant
V/S
Sukhbir Kaur Gill Respondents

JUDGEMENT

(1.) The petitioner-tenant challenges the order dated 21.02.2015 passed by the Rent Controller, Ludhiana whereby the application under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949 filed by him has been declined and leave to contest has been rejected.

(2.) The Rent Controller accordingly came to the conclusion that the ingredients of the Section 13-B were duly fulfilled in as much as the respondent-landlady had prima facie been able to show that she was a Nonresident Indian and wanted to return permanently and the requirement of a accommodation was a genuine. The ownership for the last five years before institution of proceedings was also accepted, which led to the passing of the order.

(3.) A perusal of the record would go on to show that the original owner was one Balwinder Pal Singh, husband of the respondent-landlady who died on 26.01.2008 without leaving any Will. Resultantly, the property was inherited by his mother Balbir Kaur, the respondent-landlady Sukhbir Kaur Gill and two sons Preet Kanwar Singh and Nain Kanwar Singh.