HANS RAJ Vs. MALKIAT KAUR

JUDGEMENT

(1.) THIS revision petition is directed by the tenant against the order dated 17.12.2007 passed by the Rent Controller, Nawanshahr whereby in an eviction petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), leave to contest has been declined and consequential eviction order has been passed.

(2.) THE eviction petition has been filed by the respondent-landlady claiming herself to be a 'Non-Resident-Indian' who is owner of the demised premises for over 5 years prior to filing of the eviction petition and requires the demised premises for her own use and occupation. It is averred that all the ingredients of Section 13-B of the Act stand satisfied.

(3.) THE aforesaid plea did not find favour with the Rent Controller on the premise that dismissal of the petition under Section 13 of the Act does not bar the maintainability of an eviction petition under Section 13-B of the Act. Consequently, the leave to defend has been declined and eviction order passed.