M.M.Kumar, J.

1. This petition by the landlord-petitioner has been filed under Section 18-A(8) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, Act) challenging order dated 21.5.2003 passed by the Rent Controller, Phillaur granting leave to contest to the tenant-petitioner. The principal ground for granting leave to contest is that the landlord-respondent has set up the plea of oral partition in March 1992 which is falsified by the fact that in March, 2000, the landlord-respondent along with his other brothers have jointly filed an application which would show that they were the joint owners. The other ground taken for grant of leave is that the landlord-respondent has not been able to prove that he is a Non Resident Indian although he is holding a British Passport and his place of birth has been mentioned as Adda Goraya.

2. Brief facts of the case necessary for deciding the controversy raised in the present petition are that the landlord-petitioner has filed the Rent Petition No. 4 of 2003 on 15.2.2003 before the Rent Controller, Phillaur under Section 13-B of the Act claiming to be a non resident person of Indian Origin and asserting that he requires the