ALKA SARIN
Jagjit Singh (deceased) through LR – Appellant
Versus
Amrik Singh – Respondent
| Table of Content |
|---|
| 1. eviction petition under section 13-b. (Para 1 , 2 , 3) |
| 2. tenant's procedural rights on eviction. (Para 4) |
| 3. arguments regarding landlord's property. (Para 5 , 6) |
| 4. supreme court's ruling on section 13-b. (Para 8 , 9) |
| 5. tenant's burden of proof on landlord's requirement. (Para 10) |
| 6. final order dismissing revision petition. (Para 11 , 12) |
JUDGMENT
Alka Sarin, J.
The present revision petition under Article 227 of the Constitution of India has been preferred against the order dated 07.10.2014 passed by the Rent Controller, Gurdaspur on a petition filed under Section 13 -B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'Punjab Rent Act') ordering the eviction of the tenant-Petitioners from the demised premises.
2. The brief facts relevant to the present lis are that the landlord-Respondent filed an ejectment petition under Section 13 -B of the Punjab Rent Act for eviction of the tenant-Petitioners from the demised premises which is a shop. It was averred in the ejectment petition that the landlord-Respondent was originally a resident of Village Fateh Nangal, Tehsil and District Gurdaspur and he migrated to Canada in the year 2002 alon
The judgment establishes the special rights and restrictions for NRI landlords under Section 13-B of the Punjab Rent Act, emphasizing the burden on tenants to prove the landlord's requirement is not ....
The heavy burden on the tenant to prove that the landlord's requirement is not genuine and the special rights granted to NRI landlords under Section 13-B of the Act.
The central legal point established in the judgment is the stringent requirements for ejectment of a tenant by an NRI landlord under Section 13-B of the Act, 1949, and the presumption in favor of the....
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