AJAY TEWARI,J. - (1.) This petition has been filed against the order dated 25.2.2015 passed by the Rent Controller declining the application for leave to defend in a petition filed under Section 13-B of the East Punjab Rent Restriction Act, 1949 (for short "the Act").
(2.) The respondent had filed a petition for vacation of SCO No. 17-18-19, Sector 17A, Chandigarh on the ground that he was a co-owner and was an NRI. The instant application for leave to defend was filed. The same having been declined and the eviction order having been passed, the petitioners are before this Court.
(3.) The first argument raised by learned counsel for the petitioners is that the respondent is not an Indian citizen and is, thus, not covered under the definition of NRI under Section 2(dd) of the Act. This issue has already been decided by this Court against the tenant, vide detailed judgment 2016(1) R.C.R.(Rent) 525 : dated 9.5.2015 passed in CR No. 3509 of 2014, Krishan Kumar v. Kamla Devi.;