Amarjit Singh vs Sat Pal Singh

Rakesh Kumar Garg, J.—This is landlord''s revision petition challenging the impugned order dated 22.4.2011, whereby the respondent-

tenant has been granted leave to defend the petition u/s 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, ""the Act"").

Briefly stated, the petitioner had filed the instant ejectment petition claiming himself an NRI and owner of the suit property for more than 5 years

prior to filing of the instant ejectment petition on the ground that after his retirement, he intends to settle in India and establish his business in the

demised premises,

Upon service, the respondent-tenant moved an application for grant of leave to defend on the ground that earlier also, the petitioner had filed an

ejectment petition against him u/s 13-B of the Act on 15.11.2001 and the same was got dismissed as withdrawn. Not only this, the petitioner had

also filed similar petitions against many other tenants and thereafter, these ejectment petitions were withdrawn and the petitioner executed sale

deeds in favour of the said tenants with respect to the demised premises. Thus, on the basis of the aforesaid facts, projecting that need of the

petitioner was not bona fide, the respondent-tenant sought grant of leave to contest the ejectment petition.

The aforesaid facts, as noticed above, could not be disputed by learned counsel appearing on behalf of the petitioner.

In view of the aforesaid facts, prima facie it is made out that the respondent-tenant had certainly raised a triable issue with regard to the bona

fide need of the petitioner-landlord.

In this view of the matter, no interference is called for with the impugned order.