DARSHAN LAL Vs. MALKIAT SINGH

JUDGEMENT

(1.) The present revision petition, filed by the petitioner-tenant, is directed against the order dated 23.04.2012, passed by the Rent Controller, Phagwara, whereby leave to contest has been declined.

(2.) The reasoning given by the Rent Controller, in the detailed order passed by him, is that while deciding the application under Sec. 18-A of the East Punjab Urban Rent Restriction Act, 1949 (for short, the 'Act'), it was noticed that the respondents were NRI's, as per the definition under Sec. 2(dd) of the Act. It is to be noticed that all the three are sons of Karnail Singh and grandsons of Chanan Singh and respondent No. 1 was holding passport issued by the United Kingdom of Great Britain, whereas respondents No. 2 and 3 were holding Canadian passports and having been born at Phagwara. The ownership was on the basis of a Civil Suit decree against their grandfather, way-back in the year 1972, whereas the petition was only filed on 03.01.2009. Even their father had expired on 14.08.2001, which was more than 5 years from the date of filing of the petition. The necessary averments had been made that they wanted to return to India and occupy the premises, which was duly taken into consideration, while keeping in view the law laid down by the Apex Court in Baldev Singh Bajwa Vs. Monish Saini 2005 (12) SCC 778.

(3.) It was, accordingly, held that the triable issue, which was sought to be raised by challenging the ownership, as such, on the ground that the property was shown in the name of the Provincial Government and the revenue record, was baseless by taking into account the fact that even the details of the khasra numbers of the property had not been brought on record to co-relate it to the tenanted premises. Reliance was placed upon the judgment and decree dated 04.05.1972, the copy of the house tax assessment register and the site-plan, to come to the conclusion that respondents were the owners and therefore, directed the summary eviction under Sec. 13-B of the Act.