KAMAL RAJ BANSAL Vs. RAJPAUL SINGH
LAWS(P&H)-2008-9-125
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 11,2008

Kamal Raj Bansal Appellant
VERSUS
Rajpaul Singh Respondents

JUDGEMENT

NAWAB SINGH,J. - (1.) THE petitioner has been declined the leave to defend the petition filed for his eviction under the provisions of Section 13-B of the East Punjab Urban Rent Restriction Act (for short the 'Act'). He has impugned the said order by filing the present revision petition.
(2.) RAJPAL Singh respondent-landlord filed an application under Section 13-B of the Act for ejectment of the petitioner from a shop bearing Municipal unit No. VIII/775 situated at Chamber road, Moga on the grounds (i) that he purchased the demised shop on May 13, 1975; (ii) that he is Non-resident Indian; (iii) that he has returned to India with his wife on August 20, 2007; and (iv) that he required the demised shop for his own use and occupation. On notice of the application, tenant appeared and filed application under Section 18-A of the Act for leave to contest the application for ejectment but the same was dismissed by impugned order and the Rent Controller ordered the ejectment of the petitioner from the demised shop under Section 13-B of the Act.
(3.) GROUNDS pleaded before this Court by the revision-petitioner are that the respondent-landlord was not the landlord/owner of the demised shop because the rent of the demised shop was being paid by him to the sister of the respondent-landlord on his instructions and as such, there was no relationship of landlord and tenant between the petitioner and the respondent so, petition under Section 13-B of the Act was not maintainable.;


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