LAWS(P&H)-2008-5-38

SURJIT KAUR Vs. VIJAY PAL SINGH

Decided On May 21, 2008
SURJIT KAUR Appellant
V/S
VIJAY PAL SINGH Respondents

JUDGEMENT

(1.) THE respondent-tenant has been granted leave to contest the petition filed by the petitioner seeking his eviction under the provisions of Section 13-B of the East Punjab Urban Rent Restrict Act.

(2.) THE tenant filed this application raising various defences including the fact that the petitioner is not an NRI and has no locus standi to invoke the provisions of Section 13-B of the Act. Other prayer that she does not have any intention to come back and settle in India to challenge the personal need of the petitioner is also raised.

(3.) SIGNIFICANTLY the respondent has made allegation against the petitioner that she advanced threat to him and made an attempt to interfere in his possession over the shop. Respondent has also disclosed that the petitioner approached him to purchase the shop for Rs. Ten lacs or to vacate the same by getting Rs. One lac. This was refused by the respondent which was in the presence of Sanjeev Kumar son of Kasturi Lal and Harmesh Singh son of Hari Singh. When the respondent did not agree to this proposal, the petitioner had got the roof of her adjoining shop demolished with a plan to cause damage to the shop in occupation of the respondent.