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2023 Supreme(P&H) 2609

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN, J.
Kishan Gopal Chaba – Petitioner
Versus
Amrik Singh – Respondent
CR NO. 297 of 2015 (O&M)
Decided On : 24-01-2023

Advocates Appeared:
Mr. Vipin Mahajan, Advocate; For the Petitioner
Mr. B.S. Baath, Advocate; For the Respondent

Headnote:(A) Constitution of India - Article 227 - East Punjab Urban Rent Restriction Act, 1949 - Section 13-B - Revision petition against eviction order by Rent Controller - Landlord, a NRI, claims eviction for personal use, asserting historical ownership of premises through inheritance. Tenant fails to demonstrate lack of genuine need for eviction. Heavy burden rests on tenant to prove landlord's requirement as non-genuine. Court affirms validity of eviction under Section 13-B and dismisses revision. (Paras 1-12)

(B) Landlord's Rights - NRI landlords have special rights under Section 13-B for immediate possession of their properties occupied by tenants, ensuring requirements of personal use are upheld. (Paras 8, 9)

Facts of the case:
The landlord sought eviction from commercial property based on a legitimate claim of personal utility for himself and his dependent son after migrating to Canada. Tenant contended previous compromise and landlord's concealed ownership of additional property, which lacked sufficient proof.

Findings of Court:
The Rent Controller upheld the landlord's claim for personal use, dismissing tenant's defenses as insufficiently supported by evidence.

Issues: Key questions include the genuine need for property repossession by the NRI landlord and tenant’s ability to contest this need based on alternative properties.

Ratio Decidendi: Court held that tenants bear the burden of proof to establish the landlord's requirement lacks genuineness, affirming evictions when necessary for a landlord's personal use.

Result: Revision petition dismissed.

Table of Content
1. facts regarding eviction petition under punjab rent act (Para 1 , 2)
2. court's observations and initial procedural orders (Para 3 , 4 , 7)
3. arguments of tenant regarding landlord's intentions (Para 5 , 6)
4. explanation of legal provisions under section 13-b (Para 8 , 9)
5. final conclusion affirming rent controller's order (Para 10 , 11)
6. dismissal of revision petition (Para 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 along with his family and thereafter he was employed in the City of Edmonton in Canada. The ejectment petition was filed on the ground that the landlord-Respondent was a NRI settled in Canada along with his family and that he became the owner of the demised premises in the year 1987. Previously his father was the owner of the demised premises and on his demise in the year 1987, he became the owner. It was further averred that the landlord-Respondent returned to India with the intention to settle down and that the demised premises were required for his use and occupation and for use and occupation of his son, who was dependent upon him. It was further averred that the father of the landlord-Respondent, Hazara Singh, constructed a building in the year 1945 which was later converted into 11 shops. 6 out of the 11 shops fell to the share of the landlord-Respondent and the remaining fell to the share of his brother, Gurdial Singh. It was further averred that the shops are part of one building and were stated to have been let out to separate tenants. Out of 6 shops, one shop was stated to be in possession of the landlord-Respondent and the remaining 5 shops were required by the landlord-Respondent for opening a mall. It was further averred that qua the remaining 4 shops also ejectment petitions had been filed. Upon notice, the tenant-Petitioner appeared and filed his reply stating therein that earlier also the landlord-Respondent along with his brother filed a petition for ejectment of the tenant-Petitioner from the demised premises, however, the parties compromised the matter and the rate of rent was fixed @ Rs.100 per month and hence the said petition was dismissed as withdrawn. It was further averred that the landlord-Respondent had intentionally concealed the fact that he owned a plot measuring about 4 kanals situated on GT Road within the Municipal Limits of Dhariwal which was ideal for constructing a mall. It was also averred that 2 shops had earlier been sold by the landlord-Respondent.

3. On the basis of the pleadings and the evidence on the record, the Rent Controller held that the demised premises were required by the landlord-Respondent for his personal use and occupation and that of his son and the tenant-Petitioners was directed to vacate the demised premises within a period of one month. Aggrieved by the said order, the present revision petition has been filed.

4. On 14.01.2015 the following order was passed :

    "Heard.

    Learned counsel for the Petitioner submits that Respondent-landlord, a Canadian Citizen, has filed petition seeking ejectment of revision Petitioner(s) from demised premises claiming himself to be a Non-Resident Indian. The leave to contest was declined to the revision Petitioner by the Rent

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