KAMAL RAJ BANSAL Vs. RAJPAUL SINGH

JUDGEMENT

(1.) THE petitioner has been declined the leave to defend the petition filed for his eviction under the provisions of Section 13-B of the East Punjab Urban Rent Restriction Act (for short the 'Act'). He has impugned the said order by filing the present revision petition.

(2.) RAJPAL Singh respondent-landlord filed an application under Section 13-B of the Act for ejectment of the petitioner from a shop bearing Municipal unit No. VIII/775 situated at Chamber road, Moga on the grounds (i) that he purchased the demised shop on May 13, 1975; (ii) that he is Non-resident Indian; (iii) that he has returned to India with his wife on August 20, 2007; and (iv) that he required the demised shop for his own use and occupation.

(3.) GROUNDS pleaded before this Court by the revision-petitioner are that the respondent-landlord was not the landlord/owner of the demised shop because the rent of the demised shop was being paid by him to the sister of the respondent-landlord on his instructions and as such, there was no relationship of landlord and tenant between the petitioner and the respondent so, petition under Section 13-B of the Act was not maintainable.