LAWS(P&H)-2017-3-119

SURINDER NARANG @ BILLU Vs. MOHINDER KAUR SINGH @ LISA

Decided On March 27, 2017
Surinder Narang @ Billu Appellant
V/S
Mohinder Kaur Singh @ Lisa Respondents

JUDGEMENT

(1.) The present revision petition is directed against the order dated 28.02.2014 passed by the Rent Controller Ludhiana, whereby eviction has been ordered on the ground that leave to contest had been filed beyond the period of limitation and the application under Section 5 of the Limitation Act had already been dismissed on 11.04.2013. The relevant portion of the order dated 11.04.2013 reads as under:-

(2.) Accordingly, in view of the judgment of the Full Bench in 'Anwar Ali v. Gian Kaur' 2011 (2) RCR (Rent) 604 (P & H) eviction had to follow there and then, but was not done at that point of time.

(3.) Counsel for the petitioner has vehemently argued that since eviction was sought under Section 13-B of East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act) on account of the fact that the respondent-landlady was an Australian citizen and, therefore, the present petition was not maintainable. He has further argued that there is a dispute regarding the co-sharer aspect and that he has purchased part of the tenanted premises.