- (1.) In this revision petition preferred under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short, the Act), challenge has been made to order dated 16.2.2013 of the Rent Controller, Ludhiana passed in a petition under Section 13-B of the Act whereby application of the petitioner-tenant filed by him under Section 18-A of the Act for seeking leave to contest the petition was declined and the petition of the respondentslandlords under Section 13-B of the Act was accepted giving two months' time to the petitioners-tenants to vacate the demised premises.
(2.) In a petition filed under Section 13-B of the Act, the eviction of the tenant was sought from the demised premises, interalia, on the averments that: (i) They were Non-Resident-Indians (NRIs) specified landlords and though had gone to Canada in 1992 and worked there till 2011 but wanted to work and do business in India in the demised premises by establishing a small scale unit on the ground floor and setting up their residence on the first floor thereof and thus, were in bonafides requirement of the property in dispute for their personal need and occupation; (ii) The landlords had neither vacated nor rented out such building ever, right from the commencement of the Act. It was further disclosed that they are not in possession of any other building within the Municipal limits of Ludhiana; and, (iii) Petitioner No.2 is owner of the property of the plot for the last more than 5 years and the remaining three shares of the property which were earlier in the name of brothers of petitioner No.2 have been purchased by petitioner No.1, wife of petitioner No.2 from his brothers and both the petitioners have become complete owners of the property.
(3.) An application under Section 18-A of the Act was moved by the tenant seeking leave to contest the petition. It was claimed that neither the summons to the tenant were sent on the specified proforma nor the summons were accompanying copy of the ejectment petition. It is averred that in these circumstances, the tenant could know the nature of the proceedings only after inspection of the judicial file which was done by a counsel engaged by him. When he came to know that the petition under Section 13-B of the Act had been filed, only then an application was moved for seeking leave to defend.;