Hemant Gupta, J.

1. The challenge in the present petition is to an order passed by the learned Rent Controller on 8.11.2005 whereby the application for leave to contest filed by the petitioner was dismissed and consequently petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as "the Act") filed by the respondent was allowed.

2. The respondent has sought ejectment of the tenant, inter alia, on the ground that he has purchased the property in the year 1996 and being a Non Resident Indian, he is entitled to seek ejectment as he is the owner of the premises for the last more than five years. In support of the averment that he is a Non Resident Indian, he has produced the notarized copy of passport which shows that he is residing in the United States of America and, therefore, the respondent is proved to be a Non Resident Indian. Still further, the respondent is a co-sharer in the property in dispute and, therefore, being a co-sharer he is entitled to seek eviction of a tenant as a owner of the entire property. After considering all the arguments raised by the petitioner, the application for leave to defend was found to be