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2013 Supreme(P&H) 1146

RAKESH KUMAR GARG
Amarjit Singh – Appellant
Versus
Gurcharan Singh Minhas – Respondent


Advocates:
Advocate Appeared
Mr. Kiran Kumar, Advocate for the petitioner.
Mr. M.S. Khaira, Sr. Advocate with Mr. D.S.Randhawa, Advocate for respondent No.1.

Judgment

Rakesh Kumar Garg, J.

This is tenant’s revision petition challenging the impugned order dated 22.2.2013 of the Rent Controller, Jalandhar whereby his application for grant of leave to defend has been rejected in a petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') by the respondent-landlord.

The respondent claiming himself a non-resident Indian and landlord of the demised premises sought eviction of the petitioner under Section 13-B of the Act submitting that he fulfills all the necessary ingredients to get benefit under the aforesaid provisions.

Upon service, the petitioner and proforma respondents No.2 to 6 appeared before the Rent Controller and filed an application seeking grant of leave to defend alleging that the respondent-landlord was not entitled to the benefits of Section 13-B of the Act as he did not fulfill the conditions as prescribed under the law being a Canadian citizen. It was further submitted that the respondent-landlord has filed another petition under Section 13-B of the Act earlier also and therefore, the present petition was not maintainable. A further ground was taken that one single petition r




















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