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TMI Blog2009 (5) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... in the application filed under Section 18-A of the Act in accordance with law. 3) The factual matrix as asserted by the respondent /landlady are; the respondent/ Gurmit Kaur is the owner/landlady of the disputed property which was purchased by her vide registered sale deed dated 16.4.1971. The building has four shops and three of which has been let out to the appellants and the fourth shop to one Sri Vijay Kumar. The respondent claiming to be an NRI and being desirous of having possession of the tenanted premises so as to settle down in India, sought eviction of tenants by filing separate petitions under section 13-B of the East Punjab Urban Rent Restriction Act, 1949 against all the four tenants. 4) The tenants appeared in all the four ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in favour of Vipin Kumar and therefore, the petition filed under Section 13-B of the Rent Act by the landlady deserves to be allowed and, accordingly, has directed Vijaya Kumar to deliver the immediate possession of the shop premises to the landlady. 7) In respect of other three petitions, Rent Controller vide its order dated 15.6.2007, has granted to the tenants leave to defend the petition filed by the landlady under Section 13-B of the Rent Act. 8) Aggrieved by the aforementioned order, the respondent landlady had filed revision petitions before the High Court, inter alia, asserting that the learned Rent Controller in the case of Gurmit Kaur v. Vijay Kumar, has found the respondent/landlady is an NRI after looking into her passport ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n had stated that his brother Vipin Kumar is the tenant of the shop premises, but in fact it was Vijay Kumar in whose name rent deed was executed, and the Rent Controller has just made a passing reference to the passport and sale deed of the respondent without deciding whether the respondent is an NRI. Therefore, in the instant Revision Petitions the High Court has erred in giving a finding that the learned Rent Controller has considered the respondent as an NRI. 11) The genesis of our procedural laws is to be traced to principles of natural justice, the principal amongst them being that no one shall suffer civil or evil or pecuniary consequence at his back without giving him an adequate and effective opportunity to participate to disprove ..... X X X X Extracts X X X X X X X X Extracts X X X X
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