East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13B – Leave to defend – Genuine need of the appellants (NRI) to secure vacant possession of the premises for the proposed business is found to be established – Adequacy or otherwise of the space available with the landlord for the business in mind is not for the tenant to dictate – Tenants have failed to provide adequate reason to secure the right to contest the summary proceedings and they should not be allowed to widen the scope of the limited defense under Section 13B – To fulfil their bona fide requirement, the landlords have availed only one opportunity under the summary procedure of Section 13B and their business requirement is not seriously contested by the tenants – Moreover, the required safeguard measures to prevent misuse of the special provisions are also found to be satisfied and that is why the leave to contest was denied to the tenants – Order of High court [(2020-3)199 PLR 508] set aside
read HERE 2021 SCeJ 1361, (2022-1)205 PLR 291 (SC)
Balwant Singh Alias Bant Singh v. Sudarshan Kumar
