VARINDER PALL SINGH WALIA Vs. SATPAL SINGH

JUDGEMENT

(1.) The present petition directs challenge against order dated 05.03.2015 passed by the Rent Controller, Jalandhar whereby application for leave to contest under Section 18-A (4) and (5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as 'the Act') in eviction application under Section 13-B of the Act filed by the petitioner has been allowed and respondent has been directed to file reply/written statement.

(2.) The petitioner filed application under Section 13-B of the Act for ejectment of respondent from one shop situated near Lamba Pind Chowk, Hoshiarpur Road, Jalandhar built over portion of khasra No.689, Chak Husaina shown red in site plan attached, detailed in head-note of the application, by claiming that he is owner of suit property and is entitle to seek eviction being NRI landlord as he is a citizen of USA. The respondent/alleged tenant filed application for leave to contest on certain grounds raised in sub-paras (i) to (xii) of para 2 of the application (Annexure P-2). One of the pleas raised by the respondent is that the petitioner is not owner of the property in question and does not fall within the definition of Non Resident Indian under Section 2 (dd) of the Act. It is averred that the petitioner sold away his alleged share of 5 marla 70 square feet to Smt. Indu Dhir vide sale deed No.6854 dated 03.11.2008. The remaining about 11/2 marlas belonging to the petitioner has come under passage left by him and his brothers. The petitioner has got no right, title or interest in the property in question.

(3.) The petitioner filed reply and contested the application for leave to contest.