C.R. No.1654 of 2012

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

C.R. No.1654 of 2012

Date of decision: 4.4.2012

Amarjit Singh

......Petitioner

Vs

Amarjit Kaur

......Respondent

CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA

Present:

Mr. S.S.Narula, Advocate for the petitioner.

Mr. Sukhwinder Singh,G.P.A. of caveator-respondent

in person.

G.S.SANDHAWALIA J.

Civil Misc. No.6930-C-II of 2012

Prayer made in the application is for grant of exemption from

filing the certified copies of Annexures P-1 to P-6.

In view of the averments made in the application, which are

supported by affidavit, the Civil Misc. Application is allowed.

Civil Misc. No.6931-C-II of 2012

Prayer made in the application is for placing Annexures P-1

to P-6 on record.

In view of the averments made in the application, which are

supported by affidavit, the Civil Misc. Application is allowed.

CR No.1654 of 2012

1.

The present revision petition has been filed against order

dated 22.12.2011 passed by the Rent Controller, Chandigarh whereby he

has declined the application for leave to contest under Section 18-A and

C.R. No.1654 of 2012

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allowed the petition under Section 13-B of the East Punjab Urban Rent

Restriction(Amendment) Act, 2001 (for brevity, “the Rent Act') of the NRI

landlady.

2.

The facts in brief are that the landlady filed a petition under

Section 13-B of the Rent Act as extended to the Union Territory,

Chandigarh vide notification dated 9.10.2009 for ejectment of the tenant

from House No.2198, Sector 15-C, Chandigarh comprising of ground floor,

first floor and second floor. The petition was filed through Sukhwinder

Singh son of Avtar Singh, General Power of Attorney and it was alleged in

the petition under Section 13-B of the Rent Act that the ownership

certificate was issued by the Estate Officer, U.T. Chandigarh dated

31.7.1981 and, therefore, the landlady was owner of the said house for a

period of more than five years. The tenancy was created on 13.12.2002 at

a monthly rent of Rs.15,000/- and the landlady who is born in India on

12.11.1940 and has been residing in United States of America for the last

30 years and was NRI within the meaning of Section 2 (dd) of the Rent

Act. Photocopy of the passport was appended and as per the petition, it

was alleged that the landlady has been working as a Consultant to the

Department of Mental Health Facilities and for a long time has been a

Hearing Officer of people suffering from mental ailments/disorders. The

landlady had not married and remained a spinster and now was 70 years

of age and is a senior citizen and being alone in America and to be with

her near & dear ones, relatives and friends had finally decided to return to

India to Chandigarh and was living in big house in United States of

America and, therefore, she wanted to live in comfort in the house in

question. The house was only a 10 marlas house and she wanted to live

C.R. No.1654 of 2012

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comfortably in the house and would keep servants, chauffeur etc. The

need of the landlady was urgent and right had accrued for immediate

possession of the tenanted premises. In such circumstances, the landlady

was entitled for immediate eviction of the tenant. The landlady had never

filed any petition under Section 13-B of the Rent Act earlier and this was

the first petition regarding the house in question for her own use and the

landlady did not occupy any other residential premises nor she had

vacated any such building in the urban area of Chandigarh after

commencement of the Rent Act.

3.

The tenant filed an application dated 6.12.2010 for leave to

contest and took following two grounds, which were supported by affidavit:-

“1.

That the respondent is living in the disputed house since

1993 but petitioner has concealed this fact from the Court and

pleaded that house is given in 2002 and she is still not i