ANIL KSHETARPAL
Raj Kumar – Appellant
Versus
Bhupinder Kaur Aulakh – Respondent
JUDGMENT
Anil Kshetarpal, J.(Oral) - The tenants assail the correctness of the order of the Rent Controller passed while dismissing their application for leave to defend the petition seeking their eviction.
2. The respondents (landlords) have filed a petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the 1949 Act'), seeking the eviction of the petitioners herein from the shop in question. Section 13-B of the 1949 Act enables a Non Resident Indian to recover immediate possession of residential, scheduled or non-residential building. Section 18-A of the 1949 Act provides that the tenant may file an application within the time prescribed along with his affidavit stating the grounds on which he seeks the leave to contest the application. The Rent Controller may grant leave to contest if the affidavit filed by the tenant discloses such facts as would disentitle the specified landlord from obtaining the order of recovery of possession.
3. In the present case, the eviction of the petitioner has been sought from a portion of the property bearing Municipal No.84/12. The tenants, while filing the affidavit sought leave to contest. He apa
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.