LAWS(P&H)-2018-5-226

RANJIT GREWAL Vs. RAJESH KUMAR GUPTA AND ANOTHER

Decided On May 14, 2018
Ranjit Grewal Appellant
V/S
Rajesh Kumar Gupta And Another Respondents

JUDGEMENT

(1.) Petitioner-Tenant has preferred this revision petition against judgment dated 23.4.2018 of Appellate Authority, Chandigarh whereby order of ejectment passed by learned Rent Controller, Chandigarh under provisions of East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred, "the Act") has been upheld.

(2.) The case set up by the respondent-landlord is that he was earlier settled in Canada and was doing Government service, from which he resigned in the year 2015 and came to India so as to start his business from the demised premises.

(3.) The aforesaid ejectment application was opposed by the petitioner-tenant on the ground that the sole purpose of the landlord in filing the present ejectment petition is to seek enhancement of rent and in fact the landlord and his wife are getting "social security" in Canada. A stand was further taken that in fact a more efficacious remedy in terms of Section 13-B of the Act is available to the landlord and as such the landlord is precluded from filing a petition under Section 13 of the Act. Further a ground of subletting was also taken in the ejectment petition.