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2011 Supreme(P&H) 1078

HEMANT GUPTA, ARVIND KUMAR
Bachan Kaur – Appellant
Versus
Kabal Singh – Respondent


Advocates:
For the Petitioners:Mr. B.R. Mahajan, Advocate.
For the Respondents:Mr. Vikas Behl, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - The following questions have been referred to Larger Bench vide order dated 29.9.2010 passed by the learned Single Judge:-

1. Whether NRI/landlord who is a co-owner with the other landlords, who do not have the same status, as that of NRI can maintain a petition for eviction of the tenant from the property jointly owned by all of them?

2. Whether the premises from which eviction is sought under Section 13-B of the Act is to be let out by NRI/landlord or his duly authorized person acting on his behalf, or it can also include the letting by some other co-owner or predecessor-in-interest in their own right and not under the authority of NRI/landlord?

2. The said questions of law relates to the interpretation of the provisions of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short ‘the Punjab Act’), as inserted by the Punjab Act No. 9 of 2001.

3. The facts relevant are taken from Civil Revision No. 4025 of 2005. The petitioner-Bachan Kaur pleaded that the respondent was inducted as tenant in the building by her late husband Kabal Singh vide rent note dated 21.4.1980 as a co-owner with her and that the petitioners intend to come b

















































































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