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.