INDERJIT Vs. ROOP LAL

JUDGEMENT

(1.) THIS revision petition is directed by the tenant against the eviction order dated 31.07.2007 passed by the Rent Controller, Phagwara, in an eviction petition instituted by the respondent - NRI landlord under Section 13 -B of the East Punjab Urban Rent Restriction Act, 1949.

(2.) THE respondent averred in his eviction petition that he is a Non -Resident - Indian who is owner of the demised premises comprising shop No. 2, was purchased by him vide registered sale deed dated 21.02.1990. It was further averred that the petitioner is a tenant in the shop in dispute inducted vide Rent Note dated 19th April, 1993 and this fact has been admitted by the respondent himself in a Civil Suit for injunction filed by him against Devi Dayal son of Harnek Dass, and Tarsem Lal - brother of the respondent. The respondent further averred that he has decided to return and settle down in India and to start the business of Restaurant in the shop in dispute for which he has sufficient funds to invest. He also averred that he has not taken the benefit of Section 13 -B of the Act in respect of any other building.

(3.) UPON notice, the petitioner - tenant moved an application dated 1st May, 2006, seeking leave to contest, inter -alia, on the grounds [i] the respondent is not a NRI and he does not fall in the definition of NRI given under the 1949 Act; [ii] the respondent has got no, locus -standi as there is no relationship of landlord and tenant between the parties; [iii] the petitioner in fact is a tenant under Tarsem Lal son of Ujagar Ram, who had inducted him as such vide rent note dated 19th April, 1993; [iv] the eviction petition has been filed with an ulterior motive and y misusing the process of law; [v] there are several other residential and commercial properties owned by the respondent - landlord within the Municipal limits of Phagwara and that [vi] the respondent has not come to the court with clean hands.