H.S.BHALLA, J. - (1.) THIS revision petition is directed against the order dated 14.3.2007 passed by Rent Controller, Phagwara, whereby application filed by tenant-petitioner for seeking permission to contest the petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act (hereinafter referred to as "the Act").
(2.) THE facts required to be noticed for the disposal of the petition are that in the petition filed under section 13-B of the Act, the respondent-landlord has averred that he and his brother Surinder Pal and sister Sudesh Kumari are Non Resident Indians. He is owner of the building in question for the last more than five years and the premises in question is required for his own use. It has been averred in the petition that the petitioner is an old man and is a retired person and has come to India permanently. He has got no other residential building. On these premise, the landlord has sought eviction of the respondent from the demised premises. The petition has been resisted by the tenant-petitioner on number of grounds raising pleas therein that he was served with summons on 10.5.2006 and he seeks permission to contest the petition on the grounds that the respondent-landlord is a Canadian citizen and that he has no intention to come back and settle in India. The respondent- landlord is not admitted to be a specified landlord within the definition of Section 13-B of the Act and that the other co-owners of the premises have not been impleaded in the petition as proforma respondents. It has been further pleaded that since the respondent-landlord has demanded arrears of rent and thus, it becomes a regular petition under Section 13 of the Act. The petitioner-tenant has denied the relationship of landlord and tenant between the parties, inasmuch as he was inducted as a tenant by Ram Rattan son of Udho Ram. It has been further averred that the plea of the landlord that the premises in question is required for his personal necessity is wrong. Finally, it has been prayed that the intention of the respondent-landlord is to let out or sell the property by seeking his eviction from the demised premises and therefore, the petition is liable to be dismissed.
(3.) I have heard the learned counsel appearing for the petitioner and perused the findings recorded by the Rent Controller.;