JUDGMENT :

S.V.N. BHATTI, J.

1. Smt. Shanta Rani-tenant of Shop Room No. 2 at Guru Amardas Chowk, Model Town, Jalandhar, is the Appellant. Smt. Nasib Kaur-Respondent is the landlady.

2. The Appellant in the Civil Appeal assails the Order of Eviction ordered by the Rent Controller vide Order dated 19.02.2009 in Ejectment Application No. 334 of 2004 on the file of Rent Controller, Jalandhar and the Judgment dated 24.04.2002 in Civil Revision No. 2121 of 2009 before the High Court of Punjab and Haryana at Chandigarh. The Respondent initiated the eviction proceedings under Section 13, read with Section 13-B of the Act¹ [The East Punjab Urban Rent Restriction Act, 1949] against the Appellant. The controversy between parties is stated thus.

3. The Respondent owns Shop Room No. 2 in Guru Amardas Chowk, Model Town, Jalandhar (from now on referred to as ‘the tenanted premises’). The Respondent is claiming the status of a Non-Resident Indian (NRI) and has been residing in England for several years. The Respondent claims to have been pursuing avocation for earnings or gains in England. Due to the recession intervening in the regular activity of the Respondent, she has become without work in Engla