Kimti Lal vs Jaswinder Kaur(N.R.I) on 13 May, 2009

                                   IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                          CIVIL APPEAL NO.3546 OF 2009
                       (Arising out of S.L.P. (C) No.1590 of 2008)


Kimti Lal                                         ...Appellant(s)


                                         Versus


Jaswinder Kaur (N.R.I.)                           ...Respondent(s)




                                      O R D E R

Leave granted.

Heard learned counsel for the parties.
The application filed by the appellant under Section 13-B of the East
Punjab Urban Rent Restrictions Act, 1949 for grant of leave to contest the landlord’s
prayer for eviction was dismissed by the Rent Controller on the ground that the same
was barred by time. The High Court dismissed the revision petition filed against the
order of the Rent Controller. Hence, this appeal by special leave.

Having heard learned counsel for the parties and perused the application
filed by the appellant, we are of the view that in the facts and circumstances of the
present case, the Rent Controller should have granted leave to the appellant to contest
the petition filed by the landlord.

Accordingly, the appeal is allowed, impugned orders are set aside and
leave is granted to the appellant to contest the eviction petition filed by the
respondent. Eight
…2/-

-2-

weeks’ time is allowed to the appellant to file written statement. The Rent Controller
is directed to dispose of the main petition within a period of six months from the date
of receipt/production of copy of this order.

………………….J.

[B.N. AGRAWAL]

………………….J.

[G.S. SINGHVI]

………………….J.

[DR. B.S. CHAUHAN]
New Delhi,
May 13, 2009.