GANPATI HEGDE Vs. DILPREET SINGH SAINI

JUDGEMENT

(1.) C.M. No. 10220-CII-2017.

(2.) The petition was filed in August, 2014, on the ground that the landlord was the legal heir, being the son of Iqbal Singh Saini, the original allottee, who had been allotted the tenanted premises vide allotment letter dated 11.07.1995. On account of his death on 10.08.2008, the property was mutated in favour of the present respondent on the application moved on 21.11.2008, vide letter dated 04.01.2012 It was alleged that the respondent-landlord had migrated to the United States of America and was a passport-holder of the said country and was a Non-Resident Indian, who fall within the definition of Section 2(dd) of the Act. Resultantly, the possession, as such, was sought, as he has now returned to India and wanted the demised premises for his use.

(3.) Summons of the petition under Section 13-B were issued in the prescribed format and service was duly effected upon the petitioner on 28.08.2014. The necessary application for leave to contest under Section 18-A was not filed within the prescribed period of 15 days and the same was only filed on 16.09.2014. Accordingly, an argument was raised before the Rent Controller that mutation had taken place in January, 2012 and therefore, since the property had been transferred in the year 2012, the 5 years of ownership prior to filing the petition, as such, had not accrued and therefore, eviction petition was not maintainable under Section 13-B of the Act.