IMPORTANT POINT
NRI Landlord--Person born in erstwhile India at Rawalpindi (now in Pakistan) and later shifted to U.K., would be a person of Indian origin because at the time of his birth it was part of India

K.Kannan, J.

1. The tenant, who is faced with an order of ejectment in summary proceedings invoked by the landlord under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 from a shop premises in Patiala, is the revision petitioner before this Court.

2. The contention of the landlord had been that he was born in erstwhile undivided India at Rawalpindi and later he had shifted himself to U.K. where he has been living for several years. He had averred in the petition that being of Indian origin, he is an NRI and he was making preparation to come back to India in the twilight years of his life. According to him, the property was to be used along with few other shops nearby to construct a shopping-cum-residential complex. The tenant had disputed the status of the petitioner as an NRI and had also contended that the landlord had actually obtained eviction of another premises but he was not putting it to any use. There was no bona fides on his part to seek for eviction of the premises in his occupation. He had also contended that he had taken possession of the property only from the petitioners father Amrik Singh and later he had come to know that Amrik Singh had gifted the property to Sri Guru Granth Sahib installed at Panchayat Gurudwara, Ghas Mandi, Patiala and that the petitioner himself was not entitled to maintain the petition for eviction.

3. The Rent Controller upheld the contention of the landlord finding that the tenant had admitted to have paid rent to the petitioner and he was not entitled to deny the status as landlord. Further he had observed that the alleged gift of the petitioners father, Amrik Singh to the Gurudwara had itself been declared to be void and unenforceable by decree of Civil Court and the tenant was, therefore, bound to recognize the petitioner as his landlord. The petitioners status as an NRI was upheld, having regard to the admitted position that he was a person of Indian origin although born in a place now part of Pakistan but at the time of his birth, it was part of India. Adverting to the defence that the landlords requirement was not bona fide, the Rent Controller observed that there was a presumption in law about the bona fides of the requirement of the landlord and the landlord had sufficiently explained the fact that he had obtained eviction of another premises but he had still not occupied it only because of his contemplated action of demolishing the entire structure including the property that would be available for eviction in these proceedings so that he might put up a new construction, which would be a shopping-cum-residential complex.

4. The finding of the landlord is assailed before this Court by pointing out that Section 13-B of the Act provided for eviction only on the ground that the landlord returning to India but the petitioner had not stated anywhere that he had to return to India but had merely arrived in India before the filing of the petition and at the time of giving evidence, he had himself no intention of coming back to India. According to the learned counsel for the revision petitioner, the Act only contemplated the requirement of the accommodation for running of business/residence and a contemplated future action for demolition of the building and for erection of a new complex was not good enough ground for ejectment. According to him, even the residential portion attached to the shop was vacant but the landlord was not himself occupying the same. Even in his evidence, it was only brought out that he was residing at the residence of his power of attorney whenever he visited India. The requirement was, therefore, not bona fide. As regards the status of the person as NRI entitled to maintain the petition, there could be no doubt that what the relevant Section requires is the status of the person as a Non-Resident Indian, returning to India. A Non- Resident Indian has been defined under Section 2 (d) (d) of the East Punjab Urban Rent Restriction Act "as a