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2021 Supreme(SC) 41

SANJAY KISHAN KAUL, DINESH MAHESHWARI, HRISHIKESH ROY
Balwant Singh @ Bant Singh – Appellant
Versus
Sudarshan Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Neeraj Kumar Jain, Sr. Adv., Mr. Umang Shankar, AOR Mr. Sanjay Sigh, Adv.
For the Respondent: Mr. Manoj Swarup, Sr. Adv., Mr. Neelmani Pant, Adv., Ms. Vidisha Swarup, Adv., Mr. Ankit Swarup, AOR

ORDER :

1. Leave granted.

2. The landlords/appellants challenge the judgment dated 6.3.2020 of the High Court of Punjab and Haryana whereunder the respondents/tenants were granted leave to contest the eviction proceedings, overturning the decision of the Rent Controller, Khanna, whereby leave to contest was refused to the tenants.

3. The appellants are the owners of the premises and the two shops therein for which, the eviction proceedings were initiated against the tenants. The subject shops on the ground floor of the building were situated in the urban area of Khanna. The appellants are Non-Resident Indians (NRI) within the meaning of Section 2(dd) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as “the Act”). They sought immediate recovery of possession of the rented premises by invoking the provisions of Section 13B read with Section 18A of the Act. The landlord moved the Rent Controller claiming that the appellant No. 1 desires to start the business of sale, purchase and manufacture of furniture and for the proposed business, the property already in possession of the landlord, is insufficient. It was also indicated that after shops in question are vac


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