KAMLA DEVI Vs. DIDAR SINGH

JUDGEMENT

(1.) THIS revision petition is directed by the NRI/landlord against the order dated 01.11.2008 passed by the Rent Controller, Jalandhar, whereby her application under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for eviction of the respondent-tenant from Shop No. 8-B, consisting of two rooms forming part of property No. 8, Mohalla No. 21, Jalandhar Cantt "shown in red colour in the site plan attached" has been dismissed.

(2.) THE petitioner-landlady filed the above-stated eviction petition seeking immediate possession of the demised premises, inter alia, averring that the shop in dispute was let out to the respondent w.e.f. 01.04.1989 on a monthly rent of Rs. 200/- per month after it was purchased by the petitioner vide Sale Deed dated 20.04.1987 registered on 21.04.1987. She further averred that she is a Non-Resident Indian (NRI) in terms of Section 2(dd) of the Act and is of Indian origin as she was born in Jalandhar in the year 1948 and got her initial education in Jalandhar Cantt. The petitioner explained that she went along with her husband to England in the year 1967 and has been staying there as a permanent resident. The petitioner also averred that now she has decided to return India and settle down permanently and that she wants to start her own business in the demised premises to earn livelihood. The petitioner also averred that there is no other property in her possession in the Municipal area of Jalandhar Cantt nor has she vacated any property after the commencement of the Act, 1949. On this premise, it was averred that the petitioner fulfills all the ingredients of Section 13-B of the Act and is entitled to seek eviction of respondent-tenant from the demised premises.

(3.) THE parties went on trial on the following issues :-