JUDGMENT :

T.S. THAKUR, J.

1. Leave granted.

2. This appeal arises out of an order dated 9th July, 2010 passed by the High Court of Punjab and Haryana at Chandigarh whereby Civil Revision Petition No.580 of 2005 filed by the appellant has been dismissed and order dated 5th November, 2004 passed by the Rent Controller, Phagwara, dismissing a petition under Section 13-B of the East Punjab Urban Land Restriction Act, 1949 upheld.

3. The suit premises comprise a shop in a building bearing No.XVI/258/1 situate at Banga Road, Phagwara. It was let out to the respondent-tenant by the appellant who was born and brought up in India but having spent over 30 years in U.K. has returned in the year 2000 with the intention to settle down and establish a hotel at Phagwara his home town. An eviction petition under Section 13-B of the East Punjab Urban Land Restriction Act, 1949 was filed by the appellant on the ground that as a Non Resident Indian in need of the shop for his own use, he was entitled to have the same vacated from the respondent-tenant.

4. The eviction petition was contested by the respondent on several grounds including the ground that the appellant was not a NRI and that the evictio