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2017 Supreme(P&H) 819

G.S.SANDHAWALIA
Darshan Lal – Appellant
Versus
Malkiat Singh – Respondent


Advocates:
For the Petitioner:Mr.Sanjeev K.Virk, Advocate.
For the Respondents:Mr.Divanshu Jain, Advocate.

JUDGMENT

Mr. G.S. Sandhawalia, J.: (Oral) - The present revision petition, filed by the petitioner-tenant, is directed against the order dated 23.04.2012, passed by the Rent Controller, Phagwara, whereby leave to contest has been declined.

2. The reasoning given by the Rent Controller, in the detailed order passed by him, is that while deciding the application under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949 (for short, the ‘Act’), it was noticed that the respondents were NRI’s, as per the definition under Section 2(dd) of the Act. It is to be noticed that all the three are sons of Karnail Singh and grandsons of Chanan Singh and respondent No.1 was holding passport issued by the United Kingdom of Great Britain, whereas respondents No.2 and 3 were holding Canadian passports and having been born at Phagwara. The ownership was on the basis of a Civil Suit decree against their grandfather, wayback in the year 1972, whereas the petition was only filed on 03.01.2009. Even their father had expired on 14.08.2001, which was more than 5 years from the date of filing of the petition. The necessary averments had been made that they wanted to return to India and occupy the









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