MALKIT SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) This order shall dispose of Civil Revision Nos. 512, 514,515 and 516 of 2008 as common questions of law and facts are involved in these cases. For the sake of brevity, the facts are being extracted from Civil Revision No. 514 of 2008.

(2.) The petitioner - landlord is aggrieved at the order dated 12.11.2007 passed by the Rent Controller, Jalandhar, granting leave to contest to the respondent-tenant in an eviction petition filed under Sec. 13-B of the East Punjab Urban Rent Restriction Act, 1949 (in short, "the Act"). The petitioner has claimed that the demised premises bearing Municipal No. ES-65, Nakodar Road, Jalandhar is owned by him as a part thereof was purchased by him vide registered sale deed dated 30.1.1973, whereas the remaining part has been bequeathed in his favour by his brother Piara Singh. The petitioner asserts himself to be a "Non-Resident-Indian", who being a 'specified landlord', is entitled to seek immediate possession of the demised premises on the ground of personal necessity as per the summary procedure of eviction laid down under Sec. 18-A of the Act.

(3.) The respondent as well as other tenant applied for 'leave to contest' and raised various pleas that may be summarised as under:-