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ALKA SARIN
Darshan Singh – Appellant
Versus
Gurdev Kaur – Respondent
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 revision petition before this Court and vide order dated 10.12.2008 leave to defend was granted. Thereafter, a written statement was filed wherein, inter alia, it was averred that the respondent-landlord had no intention to stay in India
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.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
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