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2009 Supreme(P&H) 2112

SURYA KANT
Deepak Maini – Appellant
Versus
Amrik Singh Khatkar – Respondent


Advocates appeared:
Mr. Atul Mahajan, Advocate, for the petitioner.

ORDER

Surya Kant, J. (Oral) - The petitioner-tenant is aggrieved at the order dated 20.8.2009 passed by the Rent Controller, Phagwara, whereby in an eviction petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as `the Act'), leave to contest has been declined to him and consequential eviction order has been passed.

2. The respondent-NRI landlord filed the eviction petition under Section 13-B of the Act, seeking the petitioner's eviction from the demised premises situated at Pharwara, District Kapurthala. The respondent, inter-alia, alleged that the demised premises was earlier owned by his father Charan Singh who passed away on 2.5.1973. The mother of the respondent, namely, Gurmej Kaur, also died on 27.12.1997. The estate of the deceased parents of the respondent including the demised premises, has been inherited by the respondent-Amrik Singh alongwith his two brothers namely, Surinder Pal and Kuldeep Singh. The respondent further averred that he alongwith his brother Surinder Pal is residing in United Kingdom for more than 20 years and are Non-Resident-Indians. He further averred that the demised premises is required by him as











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