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2015 Supreme(P&H) 13

G.S.SANDHAWALIA
Remy Cycle Industries – Appellant
Versus
Surinder Pal Singh – Respondent


Advocates:
For the Petitioners:Dr. Surya Parkash, Advocate.
For the Respondent No.1:Mr. Amit Jain, Advocate.

JUDGMENT

Mr. G.S. Sandhawalia J.: - Challenge in the present revision petition, filed by the petitioner-tenant, is to the order dated 15.02.2011, whereby the application to leave to contest was rejected and eviction was ordered by the Rent Controller, Ludhaina, under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, the ‘Act’).

2. The reasoning given by the Court is that the respondent was the son of Sampuran Singh, with whom the petitioner admittedly was a tenant and once the parentage had been established that the respondent had inherited the property from his father and rent had also been paid to him. Keeping in mind the fact that he was an NRI and had been settled abroad and required the premises for his bona fide personal necessity being an Engineer on return to India and therefore, eviction order was passed. The aspect that the respondent was having another residential house bearing No.307, Model Town, Ludhiana, would not be a ground to grant leave to contest and the earlier petition had been withdrawn merely since an objection had been raised that the tenant had not been sued through a proper person and no triable issue having arisen, the four nece








































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