Civil Revision No. 2660 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2660 of 2010 Date of decision: 23.4.2010 Inderjit Singh ...Petitioner Versus Taranjit Singh ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Sanjay Gupta, Advocate for the petitioner. S.D.ANAND, J. The respondent, an NRI filed a petition under Section 13- B of East Punjab Rent Restriction Act, 1949 (hereinafter referred to as “the Act”) to obtain ejectment of the petitioner herein from the tenanted premises on an averment that the former requires the same for his own use and occupation. The petitioner herein filed a plea under Section 18-A of the Act to obtain the leave to defend. It is that leave which came to be declined by the learned Rent Controller. The petitioner-tenant is in revision against it. It is argued on behalf of the petitioner that the impugned order would deserve invalidation because the respondent herein has not been able to prove that he ever came to India to be able to file the impugned ejectment application. It is also argued that the present is a 3rd ejectment petition which has been filed by the Civil Revision No. 2660 of 2010 -2- **** respondent-landlord against him without the respondent-landlord having ever come to India. There is nothing in the relevant provisions of law (Section 13-B of the Act) or in the judicial pronouncement to hold that an NRI must return to India and present a petition of the indicate category in person. An application of this category can very competently be presented through an attorney. The mere fact that the respondent- landlord had filed an ejectment petition earlier as well is not sufficient to outweigh the proven merits of the present petition which is based upon the provisions of Section 13-B of the Act which provide a special speedy legislation to enable an NRI to get the premises owned by them vacated. In the light of foregoing discussion, the petition is held to be denuded of merit and is ordered to be dismissed. The petitioner shall have two months time from today to vacate the premises aforementioned. April 23, 2010 (S.D.Anand) Pka Judge