Pardeep Kumar Sharma and Others vs Gurbax Singh

Surya Kant, J.—This revision petition is directed by the tenants against the order dated 21.02.2009 passed by the Rent Controller, Moga,

whereby their application for leave to contest in an eviction petition u/s 13B of the Punjab Urban Rent Restriction Act, 1949, has been dismissed

and consequential eviction order has been passed.

The counsel for the petitioner-tenants points out that in their application for leave to contest, the petitioners have specifically raised an objection

regarding the NRI status of the respondent out that even a copy of the passport has been attached by him with the eviction petition.

On perusal of the original record, I find some substance in the objections raised on behalf of the petitioner-tenant. Suffice it to say that, in the

absence of any document on record certifying the status of the respondent as an NRI, the objection raised by the petitioners amounts to a tribal

issue for which the Rent Controller ought to have granted leave to contest.

No further elaborate discussion is required to be made as it may unnecessarily cause prejudice to either of the parties.

For the reasons aforestated, the revision petition is allowed, the impugned order dated 21.02.2009 is set aside and the application moved by the

petitioners for grant of leave to contest is accepted. The matter is remitted to the Rent Controller, Moga, to decide the same afresh and in

accordance with law.

However, keeping in view the legislative intent behind Sections 13B and 18A, of the Act, it is directed that the petitioners shall file their written

statement on the first date of appearance before the Rent Controller and no further opportunity shall be granted in this regard. Similarly, the Rent

Controller, shall grant two opportunities each to both the parties to lead their respective evidence and decide the eviction petition as early as

possible and preferably within a period of six months.

The parties are directed to appear before the Rent Controller, Moga on 04.11.2009.

Original record be sent back.

Dasti.