ASHOK KUMAR Vs. NARINDER SINGH

JUDGEMENT

(1.) This order of mine shall dispose of the above two petitions wherein challenge is to the order dated 25.04.2013 passed by learned Rent Controller, Jalandhar.

(2.) Brief facts of the case are that Narinder Singh-Landlord filed rent applications against the petitioners for immediate possession by eviction from the shops on the ground that he is NRI who is settled in Malaysia. He is a holder of passport issued by Malaysian Government. He is owner of building No. B-VII622/2 having purchased the same vide registered sale deed dated 01.11.1957. The said building is a double story building consisting of three shops on the ground floor facing railway road and room and hall on the first floor along with stairs situated at Railway Road, Jalandhar. The respondent has decided to return to India for settling here and requires the entire building including the tenanted premises and wants to remodel the entire building and construct a modern well equipped utitlity, general merchandise store.

(3.) The petitioners filed application under Section 18-a(4) of the Rent Act seeking leave of the Court to contest the petition inter alia on the ground that the respondent is neither NRI nor he had gone for the purpose of employment. The basic ingredients of Section 13-B of the Act are not fulfilled. There is no relationship between landlord and tenant between the parties. The respondent is well settled abroad and is still living there and has no intention to return to India.