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2024 Supreme(P&H) 132

ANIL KSHETARPAL
Rajnish Kumar Sharma – Appellant
Versus
Ranjit Singh – Respondent


Advocates appeared:
For the Parties : Mr. Vaibhav Sehgal, Mr. Sandeep Verma

Judgment

Mr. Anil Kshetarpal, J.

This revision petition has been filed to assail the correctness of the Rent Controller’s order passed on 29.05.2014 while dismissing the petitioners’ (tenants’) application for the grant of leave to contest the rent petition filed by the landlord (respondent herein) under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as “the 1949 Act”).

2. Section 13-B of the 1949 Act makes a special provision for the Non Resident Indian owners i.e. N.R.I. owners to recover the immediate possession of the residential building, scheduled building or a non-residential building. Section 18A(4) of the 1949 Act enables the tenant to file an affidavit stating the grounds on which they seek to contest the petition. The Rent Controller, after examining the matter, is required to decide the aforesaid application in accordance with law. Sub Section 5 of Section 18A of the 1949 Act provides that the Controller may grant leave to contest if the affidavit filed by the tenant discloses such facts as would disentitle the NRI landlord from seeking immediate possession of the property.

3. In this case, the Rent Controller has refused to grant

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