JUDGMENT

Anil Kshetarpal, J. - The tenant/petitioner has filed the present revision petition assailing the order passed by the learned Rent Controller, Jalandhar rejecting an application for leave to contest the eviction petition, filed in an eviction petition by the respondent-landlord under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act").

2. At the outset, it is appropriate to notice that Section 13-B of the Act enables the Non-Resident Indians (a separate category created) to recover immediate possession of the residential building or scheduled building and/or non-residential building provided he/she/they fulfill the conditions specified in the Act, which is extracted as under: -

"13-B. Right to recover immediate possession of residential building or scheduled building and/or non-residential building to accrue to Non-resident Indian. (1) Where an owner is a Non-Resident Indian and returns to India and the residential building or scheduled building and/or non-residential building, as the case may be, let out by him or her, is required for his or her use, or for the use of any one ordinarily living with and dependent on him or