2009 INSC 1186
                                    SUPREME COURT OF INDIA

                                                  Kimti Lal

                                                      Vs.

                                          Jaswinder Kaur(N.R.I)

                                           C.A.No.3546 of 2009

                      (B.N. Agrawal, G.S. Singhvi and Dr. B.S. Chauhan JJJ.)

                                                  13.05.2009

                                                   ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. 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.

4. 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.

5. 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 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.

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