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ALKA SARIN
Darshan Singh – Appellant
Versus
Gurdev Kaur – Respondent
| Table of Content |
|---|
| 1. factual basis for eviction under rent act (Para 1 , 2 , 3) |
| 2. challenge to landlord's ownership as a defense (Para 4) |
| 3. court's analysis on ownership and tenancy (Para 7 , 8) |
| 4. dismissal of the revision petition (Para 9) |
JUDGMENT
Alka Sarin, J. (Oral)
The present revision petition has been filed challenging the order dated 29.07.2019 whereby the ejectment of the petitioner-tenant has been ordered from the premises in dispute.
2. The brief facts relevant to the present case are that the respondent-landlord filed a petition under Section 13B of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the petitioner-tenant from the shop as described in the ejectment petition on the ground that she was a NRI and owner of the shop in dispute for the last more than five years and required the premises in dispute for her personal necessity. The petitioner-tenant appeared and filed an application seeking leave to contest the petition. The application for leave to defend was rejected by the Rent Controller and the petitioner-tenant was directed to vacate and handover the possession to the respondent-landlord. Aggrieved by the said order the petitioner-tenant filed a
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....
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 ....
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
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