RAKESH KUMAR GARG, J. - (1.) THESE two revision petitions have been filed by the tenant/petitioner against the order dated 20 th February, 2010, whereby his application for leave to contest the petition filed under Section 13 -B of the East Punjab Urban Rent Restriction Act, 19499(hereinafter referred to as 'the Act') was rejected on the ground that the same was filed after a lapse of statutory period and final order dated 20th July, 2010 ordering his eviction from the premises in dispute.
(2.) THE contention of the learned counsel for the petitioner before this Court is that in this case the respondent -landlord who claimed himself to be NRI and had sought eviction for his personal necessity had died in April 2004 and therefore the present petition under Section 13 -B of the Act was not maintainable at all and thus the impugned orders are liable to be set aside.
(3.) CERTAIN facts need to be noticed at this stage. The eviction application under Section 13 -B of the Act was filed by Harbhajan Singh (predecessor -in -interest of respondents) on 24th September, 2001 claiming himself to be owner of the demised premises and NRI. In response to the notice issued, petitioner appeared on 12th December, 2001 and filed an application seeking leave to contest. The said application remained pending before the Court and in April 2004. Respondent Harbhajan Singh died and even his LRs i.e.present respondents were brought on record vide order dated 12.05.2004. Even, at that stage, petitioner has not taken any objection regarding the maintainability of the petition filed under Section 13 -B of the Act as argued now. Not only this, leave to appeal was also granted to him on 08.09.2008 and at that time also he raised no such objection. Thereafter he filed written statement on 19.09.2008. Though, an objection was taken in the written statement to the extent that LRs of Harbhajan Singh do not qualify as NRI landlords and therefore the petition had become infructuous and deserves dismissal, however. No such issue was framed. Nor any such objection was taken at the time of framing of issues, which were framed on 22.09. 2008 or thereafter.;