In a revision regarding an eviction suit filed by an NRI landlord, the single judge of the Punjab & Haryana High Court held that the Rent Controller rightly granted the tenant leave to defend.
The revision filed by the NRI landlord was dismissed, upholding the order granting leave to defend.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR 5012/2013
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 5012/2013 Date of decision:21/08/2013
Boor Singh Lalia
.............Petitioner
v.
Sandesh Kaur
.............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Rohiteshwar Singh,Advocate for the petitioner.
Jaswant Singh,J.(Oral)
The NRI landlord is in revision aggrieved against the order dated 30.7.2013(P1) passed by the learned Rent Controller, Mukerian whereby in the eviction petition filed by him qua two shops at Mukerian, the application of the tenant for leave to defend has been allowed.
Heard learned counsel for the petitioner.
It is not in dispute that the petitioner/NRI landlord is
employed as Researcher at the Doctoral level in a Science and Technology Institute at Abu Dhabi and has filed the eviction petition through his Power of Attorney. It is also not in dispute that he is paid a
handsome salary for his employment in Abu Dhabi.
Joshi Rajinder Prashad 2013.08.21 17:50 I attest to the accuracy of this Order. High Court, Chandigarh.
CR 5012/2013
2
In view of the aforesaid facts brought on record by the tenant, in the considered opinion of this Court, learned Rent Controller has rightly granted the leave to defend.
Dismissed.
21.08.2013. joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.08.21 17:50 I attest to the accuracy of this Order. High Court, Chandigarh.
1 issue framed by the court
Whether the learned Rent Controller rightly allowed the tenant's application for leave to defend in an eviction suit filed by an NRI landlord.
Boor Singh Lalia
Sandesh Kaur
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
