HEMANT GUPTA,J - (1.) THE challenge in the present petition is to the order dated 9.10.2003 passed by the learned Rent Controller, whereby the respondent was granted leave to contest the ejectment petition filed by the petitioner under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act').
(2.) THE petitioner has sought the ejectment of the respondent in terms of the provision of Section 13-B of the Act on the ground that the father of the petitioner has inducted the respondent as tenant about 20 years back at the rent of Rs. 200/- per month. The father of the petitioner died on 17.9.1997 and thus, he has succeeded to the estate along with his other brothers and sons of his pre-deceased brother. It has been further pleaded that he is a Non Resident Indian and has returned to India, therefore, he is entitled to immediate possession of the shop in dispute. The respondents sought leave to contest the petition primarily on he ground that the petitioner is not the sole owner of the premises in dispute and the rate of rent is Rs. 450/- per month. The petitioner has no authority on behalf of the other co-owners to move the present petition. The petitioner as a co- owner can file the ejectment petition only with the express authority and consent of the other co-owners. It has been also pleaded that the petitioner is not a Non Resident Indian as he was born in Malaysia and has obtained British citizenship. The petitioner has never been an Indian citizen and thus, the petitioner is not entitled to seek eviction of the respondent under the provisions of Section 13-B of the Act.
(3.) THE learned Rent Controller granted leave to defend the ejectment petition on the ground that the petitioner has not joined the other co-owners as party to the petition and, therefore, it is required to be examined whether the petition is maintainable without the consent of the other co-owners. It has been further found that the petitioner is a British passport holder but the passport does not show the origin of the petitioner and, therefore, the triable issues arise and thus, granted the permission to the respondent to contest the petition.;