1. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 18-A - Leave to defend - As to how the landlord could claim status of an NRI in terms of provisions of Section 2(dd) of the Act when concedingly, he has acquired citizenship of United States of America and holds passport issued by the United States of America - Landlord has to answer. (176) PLR
  2. East Punjab Urban Rent Restriction Act, 1949 (III of 1949) S. 18-B - Case of the respondents was that the premises in question had been rented out to the father of the respondents - Leave to defend - Since the tenant has disputed the factum of relationship of landlord and tenant between the parties, it can be said that triable issue arises in this case and the Rent Controller rightly granted permission to respondents to contest the ejectment petition. (174) PLR
  3. East Punjab Urban Rest Restriction Act, 1949 (III of 1949) S. 18-A - Rent Controller is only to adjudicate upon the issues and has to grant leave to contest on the basis of the affidavit filed - Fact that the respondent is an NRI and was residing in Abu Dhabi had never been denied, as such and the only ground taken is that he had not returned to India permanently - It has also been held that the return to India, as such, is not to be permanent and the NRI can extend the business by staying in a foreign country and he can do that with a temporary stay also - It is settled principle of law that the leave to contest is only to be granted on the grounds raised in the application filed under Section 18-A of the Act, which would show that triable issues had been made out - Factum of having returned permanently, being the necessary ingredient has also been rightly rejected by the Rent Controller - The law provides that the landlord (NRI owner) is entitled for the possession of one scheduled building, during his lifetime and in such circumstances, the resort to the summary procedure, which has been permitted, cannot be faulted in any manner. (179) PLR 

 

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