cr no.543 of 2009.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.543 of 2009 (O&M) DATE OF DECISION: 07.12.2009 **** Pritam Kaur . . . . Petitioner VS. Harish Kumar and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Jai Bhagwan, Advocate for the petitioner Mr. Vikash Behl, Advocate for the respondent ***** SURYA KANT J.(ORAL) 1. This revision petition is directed by the NRI-landlord against the order dated 08.09.2008 passed by the Rent Controller, Nawanshahr, whereby, leave to contest has been granted to the respondent-tenants. On a perusal of the impugned order, it is apparent that though the respondent-tenant has raised more than one ground to seek leave to contest, the only plea that prevailed upon the Rent Controller, Nawanshahr, was that the petitioner/NRI-landlord has nowhere stated in his eviction petition that he is owner of the demised premises over a period of 5 years before filing of the eviction petition. 2. Suffice it to say that the above-stated reason assigned by the Rent Controller is contrary to the record as in para 3(i) of the eviction petition, the petitioner-landlord has specifically averred that he is “owner of the shop for the last 10 years”. cr no.543 of 2009.doc - 2 - 3. For the reason afore-stated, the revision petition is allowed; the impugned order dated 08.09.2008 is hereby set aside and the Rent Controller, Nawanshahr is directed to decide the application for leave to contest moved by the respondent- tenants, afresh in accordance with law within a period of one month from the date of receipt of the certified copy of the order. Both the parties shall be at liberty to raise their respective plea before the Rent Controller, Nawanshahr. 4. Dasti. (SURYA KANT) JUDGE 07.12.2009 vishal shonkar