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2009 Supreme(P&H) 764

K.KANNAN
Ram Pal Thukural – Appellant
Versus
Jagjit Singh – Respondent


Judgment

K.Kannan, J.

1. The three stands of contentions by tenant:

The tenant, who was ordered to be evicted in an application filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 opposes the plea in ejectment on three grounds that (i) the landlord was not a NRI within the definition of the Act and hence not competent to maintain a petition; (ii) the property is not held by his landlord as an absolute owner and another person, who incidentally happens to be the husband, has himself become a co-owner of the premises. The co-owner does not consent to the prosecution of the petitioner and therefore, eviction petition is not maintainable; and (iii) the need of the landlord is not bonafide and the earlier action for eviction by the landlord on the same ground had been disallowed and the landlord was applying for eviction with an oblique purpose of merely evicting him when the landlord was actually residing elsewhere at Noida in his own premises and therefore, there was no bona fide of the requirement of the landlord.

II. The plea of co-owner in possession:

2 The husband of the tenant, who had since become a co-owner of the premises is a legal representative to hi


















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