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2011 Supreme(P&H) 2116

RAKESH KUMAR GARG
Braham Kumar – Appellant
Versus
Sukhdev Singh – Respondent


Advocates:
For the Petitioner:Mr. G.S. Sandhu, Advocate.

JUDGMENT

Mr. Rakesh Kumar Garg, J.: - This is tenant’s revision petition challenging the order dated 23.9.2011 of the Rent Controller, Ludhiana, whereby application for leave to defend filed by the petitioner in a petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, “the Act”) has been rejected and consequently, his eviction has been ordered from the demised premises.

2. The respondent - Sukhdev Singh filed petition seeking ejectment of the petitioner from the demises property, submitting that he was a Non Resident Indian (NRI) and owner/landlord of the tenanted premises which was purchased by him in open auction vide deed of conveyance dated 3.4.1967. The petitioner was tenant in a portion of the said property at a monthly rent of Rs.400/- exclusive of house tax @ 15%. Hence, there was a relationship of landlord and tenant between the parties. It was further averred that the respondent/landlord has returned to India and at present residing at 507, Raikot Road, Mandi Mullanpur, Tehsil and District Ludhiana. Earlier he was residing in Canada and had returned to India in the year 2009. Respondent is having Canadian passport. He requires the tena









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