SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(P&H) 2143

ANIL KSHETARPAL
Raj Kumar – Appellant
Versus
Bhupinder Kaur Aulakh – Respondent


Advocates appeared:
Mr. Amit Jain, Sr. Advocate, with Mr. Chetan Salathia, Advocate, for the Appellant; Mr. Arun Jindal, Advocate and Mr. Arihant Jain, Advocate, for the 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

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top