- (1.) Grant of leave to defend to the respondent-tenant pursuant to an application made by him under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter mentioned as the Act) in a petition filed under Section 13-B of the Act by the petitioner-landlord, is under challenge in this revision petition preferred by the landlord.
(2.) It is claimed that under a lease deed of 27.10.2010, the respondent was incepted as a tenant on a monthly rent of Rs.5,500/- for a period of 9 years with stipulation of increase in 15% of rent after 3 years. The petitioner claiming to be landlord of the premises after purchase of the same by his father Tara Singh Ghuman (since deceased) vide sale deed dated 3.4.1973, had filed a petition under Section 13-B of the Act claiming himself to be a Non-Resident Indian (for short, NRI) living abroad since 1975 but expressing his decision to come back to India to set up business of home d cor in Amritsar in the premises in dispute.
(3.) The said petition was challenged by the respondent-tenant by way of filing an application under Section 18-A of the Act seeking leave to contest the ejectment petition, wherein following objections were taken: (i) Non-existence of relationship of landlord and tenant between the parties; (ii) Lease by Smt. Gurjit Kaur, mother of the petitioner in favour of the tenant is of 27.10.2010 and was for 9 years; (iii) Existence of arbitration clause in the lease deed makes the ejectment petition under the Act to be not maintainable; (iv) Demised premises are in joint ownership of the petitioner, his brother and also sister and on non-joining of all of them, the ejectment petition is bad for misjoinder and non-joinder of the necessary parties; and, (v) Status of the petitioner as NRI was also denied.;