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2009 Supreme(P&H) 1578
PUNJAB & HARYANA HIGH COURT
Surya Kant, J.
Lakhwinder Kumar
Versus
Pavitter Kaur (Dead) Through Lrs
Civil Revision No. 1385 of 2004,
Decided On : SEPTEMBER 7, 2009
A NRI-landlord can seek eviction of his tenant through summary procedure under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
Headnote:
EAST PUNJAB URBAN RENT RESTRICTION ACT, 1949 - SECTION 13-B - SCOPE AND IMPORT - INTERPRETATION - KEY LEGAL PRINCIPLES: 1. A Non-Resident Indian-landlord can seek eviction of his tenant through summary procedure under Section 13-B of the Act. 2. A NRI-landlord has a special right to seek immediate possession of the let-out premises if he is its owner for at least a period of 5 years before applying to the Rent Controller for possession and that he requires the premises for his own use and occupation and/or for anyone ordinarily living with him and is dependent on him. 3. The right under Section 13-B of the Act for immediate possession can be availed of only once during the life-time of such an owner/NRI landlord. 4. The NRI-landlord has the choice to select one amongst several other residential/non-residential buildings. 5. It is not necessary for a NRI-landlord to permanently return to India for seeking eviction of the tenant. 6. The Courts shall presume that the need of the NRI-landlord is genuine and bonafide, though the tenant is entitled to prove that in fact and in law, the requirement of the NRI-landlord is not genuine. 7. A heavy burden would lie on the tenant to prove that the requirement of the NRI- landlord is not genuine and mere assertion on the part of the tenant would not be sufficient to rebut the strong presumption in the landlords favour. 8. If the NRI-landlord gets possession under Section 13-B of the Act, he can neither transfer it either by sale or by any other mode nor can he let it out for a period of 5 years and in case of any breach, the tenant is entitled to seek restoration of possession. 9. After getting the possession, the NRI- landlord should occupy the premises continuously for a period of 3 months.
Fact of the Case:
In this case, the petitioners, who are tenants, have challenged the eviction orders passed against them by the Rent Controllers under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (the Act). The main issue in these cases is the scope and import of Section 13-B of the Act, which enables a Non-Resident Indian (NRI)-landlord to seek eviction of his tenant through summary procedure.
Finding of the Court:
The Court held that a NRI-landlord can seek eviction of his tenant through summary procedure under Section 13-B of the Act. The Court further held that a NRI-landlord has a special right to seek immediate possession of the let-out premises if he is its owner for at least a period of 5 years before applying to the Rent Controller for possession and that he requires the premises for his own use and occupation and/or for anyone ordinarily living with him and is dependent on him. The Court also held that the right under Section 13-B of the Act for immediate possession can be availed of only once during the life-time of such an owner/NRI landlord.
Issues: 1. Whether a NRI-landlord can seek eviction of his tenant through summary procedure under Section 13-B of the Act? 2. Whether a NRI-landlord has a special right to seek immediate possession of the let-out premises? 3. Whether the right under Section 13-B of the Act for immediate possession can be availed of only once during the life-time of such an owner/NRI landlord?
Ratio Decidendi: The Court held that a NRI-landlord can seek eviction of his tenant through summary procedure under Section 13-B of the Act. The Court further held that a NRI-landlord has a special right to seek immediate possession of the let-out premises if he is its owner for at least a period of 5 years before applying to the Rent Controller for possession and that he requires the premises for his own use and occupation and/or for anyone ordinarily living with him and is dependent on him. The Court also held that the right under Section 13-B of the Act for immediate possession can be availed of only once during the life-time of such an owner/NRI landlord. The Court relied on the plain and unambiguous language of the statute and the interpretation given by the Apex Court in Baldev Singh Bajwa v. Monish Saini, 2005(4) R.C.R.(Civil) 492 : 2005(2) R.CR.(Rent) 470 : (2005) 12 SCC 778.
Final Decision: The Court dismissed the revision petitions filed by the tenants.
Surya Kant, J.
1. This common order shall dispose of Civil Revision Nos. 1385 of 2004, 3176, 3470, 3180 of 2006, 5929, 6115, 6625, 6477 of 2007 and 986, 4503 & 6624 of 2008. Though the facts and some of the issues involved in these revision petitions are dis-similar, yet the common issue, namely, the scope and import of Section 13-B of the East Punjab Urban Rent Restrict Act, 1949 (hereinafter referred to as the Act), which enables a Non-Resident Indian- landlord to seek eviction of his tenant through summary procedure, is involved in all these cases. For clarity, the facts and issues involved, wherever necessary, have been taken up separately.
2. However, it may be noticed that these revision petitions have been preferred by the tenants against whom the eviction orders have been passed by the Rent Controllers under Section 13-B of the Act. LEGISLATIVE BACKGROUND :
3. Vide the East Punjab Urban Rent Restriction (Amendment) Act No. 9 of 2001, the State of Punjab has amended the East Punjab Urban Rent Restriction Act, 1949. The statement of the Objects and Reasons of the Amendment Act No. 9 of 2001 acknowledges the representations received by the State Government from various Non-Resident Indians highlighting their plight of return to India after their long stay abroad. It was noticed that the Non-Resident Indians having spent long years of their lives abroad, did not find the conditions congenial in their own country on their return, either to settle down or to take up any business due to rigid legal provisions of the existing Rent Act and they were unable to recover possession of their residential, scheduled or nonresidential building for their own use and occupation. It was in order to mitigate the hardship faced by the NRI-landlords that the State Government brought out Ordinance No. 10 of 2000, promulgated on 27.12.2000, followed by the Amendment Act No. 9 of 2001, whereby the provisions like Sections 2 (dd), 13-B and some modifications in the existing Section 18-A of the Act, have been carried out. These provisions have been added/amended with a view to provide summary procedure for eviction of a tenant by his NRI-landlord subject to fulfillment of certain conditions.
4. Section 2 (dd) of the Act says that :-
"2 (dd) "Non-resident Indian- means a person of Indian origin, who is either permanently or temporarily settled outside India in either case - (a) for or on taking up employment outside India; or
(b) for carrying on a business or vocation outside India; or
(c) for any other purpose, in such circumstances, as would indicate his intention to stay outside India for a uncertain period."
Similarly, Section 13-B of the Act provides as follows :-
" 13-B. Right to recover immediate possession ofresidential building or scheduled building and/or nonresidential building to accrue to Non-resident Indian :-
(1) Where an owner is a Non-Resident Indian and returns to Indian and the residential building or scheduled building and/or non-residential building, as the case may be, let out by him or her, is required for his or her use, or for the use of any one ordinarily living with an dependent on him or her, he or she, may apply to the Controller for immediate possession of such building or buildings, as the case may be : Provided that a right to apply in respect of such a building under this Section, shall be available to only after a period of five years from the date of becoming the owner of such a building and shall be available only once during the life time of such an owner.
(2) Where the owner referred to in sub-section (1) has let out more than one residential building or scheduled building and/or non-resident building, it shall be open to him or her to make an application under that sub-section in respect of only one residential building or one scheduled building and/or one non-residential building, each chosen by him or her.
(3) Where an owner recovers possession of a building under this section, he or she shall not t
