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 back to India permanently and that they have completed five years ownership over the property in question. It may be noticed that Kabal Singh, husband of petitioner-Bachan Kaur, died and his estate is inherited by his two sons namely, Gurmail Singh and Rajinder Singh. The trial Court dismissed the petition, inter-alia, for the reasons that the petitioners are not proved to be Non Resident Indians (for short NRI’s) and that the petitioners have not returned to India, in the last more than six years before 2003 when statement of Tarsem Singh, one of the petitioners was recorded.

4. The Punjab Act is one of the fallouts of Second World War which led to rent legislations in various provinces of British India. The first such legislation in Punjab came in force in the year 1941. The present Punjab Act was enacted for restricting the increase of rents of certain premises and to protect the tenants from mala-fide attempts of their landlords to procure their eviction. Subsequently two majors amendments have been carried so as to provide summary right of eviction to specific category of landlords. Vide Punjab Act No.2 of 1982, a summary right of eviction was given to specified landlord i.e. retiring defence and civil personnel. Initially, Section 13-B was inserted by Punjab Ordinance No.10 of 2000, which has since been replaced by the Punjab Act No. 9 of 2001. A right has been given to the NRI in order to seek summary eviction in such amending Act. The object and reasons of enactment of Act No. 9 of 2001 are as under:-

“The State Government had been receiving representations from various NRIs. Individual and through their associations highlighting the plight of Indian residents returning to India after long years abroad. It was represented that the NRIs having spent long years of their life abroad did not find conditions congenial in their own country on their return either to settle down or to take up any business. On account of rigid legal provisions of existing Rent laws, the NRIs, were unable to recover possession of their own residential building from the tenants Government having considered the situation had decided that the existing Rent Legislation viz. East Punjab Urban Rent Restriction Act, 1949, should be amended to provide relief to NRIs to enable them to recover possession of a residential or scheduled building and/or one non residential building for their own use. As the mater required immediate action, it was decided that an Ordinance to give effect to this amendment should be issued.”

5. Some of the Single Bench judgments of this Court have taken a view that one co-owner, who is an NRI, as defined in Section 2(dd) of the Punjab Act, is competent to seek eviction of a tenant although the other co-owners may not be NRIs. Before the learned Single