PARMINDER SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) THIS Revision Petition is directed by the tenant whose application for leave to contest moved in an eviction petition filed under Section 13B of the East Punjab Urban Rent Restriction Act, 1949, has been dismissed by the Rent Controller, Kapurthala and consequential eviction order dated 02.04.2007 has been passed.

(2.) THE respondent sought the petitioner's eviction under Section 13B of the Act from the demised premises situated in Mohalla Sukhjit Nagar, Kapurthala. It was averred that the respondent is a Non -Resident -lndian who had shifted to England in 1996 for better job opportunity and being an Indian Citizen by birth, keeps on visiting India frequently. The respondent further averred that his children have grown up and he now intends to return to India to settle permanently in the evening of his life. For the said purpose, the respondent along with his son - Raj Dalbir Singh Thind have planned to set up a construction Company at Kapurthala as the respondent's son has got expertise in that field. The respondent asserted that for the start of the new business and for running the affairs of the Company, he requires the demised premises as he wants to demolish it and construct a big office after including the adjoining property owned by him. The respondent also averred that there is no other premises in his possession within the "urban limits of Kapurthala suitable for the aforesaid purpose" nor he has vacated any such building".

(3.) ON receipt of notice, the petitioner - tenant moved an application for leave to contest, inter -alia, questioning the respondent's status as a NRI, alleging him a British citizen and that the respondent has not approached the Court with clean hands as he had recently purchased a huge property measuring 5 kanals 12 marlas adjoining the Bus Stand, Kapurthala vide registered sale deed dated 06.10.2005 and could start any type of business in that building. The petitioner further averred that soon after purchasing it, the respondent - landlord is trying to lease out the newly purchased property "under the banner of M.S.Properties''. The petitioner also averred as follows: -