Hemant Gupta, J.

1. The challenge in the present petition is to an order passed by the learned Rent Controller, on 9.3.2009, whereby an ejectment petition filed by the respondent under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (as amended by Punjab Act No. 9 of 2001) [for short referred to as `the Act], was allowed and the petitioner was ordered to be evicted for the reason that the respondent, an NRI, requires the demised premises for his own use and occupation.

2. Learned counsel for the petitioner has challenged the order passed by the learned Rent Controller, on three grounds. Firstly, that in the Municipal records, the mother of the landlord was recorded as the owner of the premises in dispute. It was on the strength of an affidavit of the mother of the landlord, the ownership rights were transferred in favour of the landlord on 19.4.2004. Therefore, the landlord was not owner of the premises in dispute for a period of five years prior to the filing of the petition under Section 13-B of the Act. Secondly, under Section 13-B of the Act, the landlord is entitled to only one building for his own use and occupation, but the landlord is already in occ