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ANIL KSHETARPAL
Jiwan Lal – Appellant
Versus
Joginder Singh Hayer – Respondent
JUDGMENT
Anil Kshetarpal, J.
The petitioner herein is a tenant who was ordered to be evicted by the Rent Controller on 08.02.2017. The relevant facts, in brief, are required to be noticed in order to comprehend the issue involved in the present case.
2. The respondent has filed a petition under Section 13B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the 1949 Act") for immediate delivery of possession of a hotel located at G.T.Road, Goraya. Section 13B of the 1949 Act is a special provision, which was subsequently added by the Amendment Act No. 9 of 2001 in the 1949 Act enabling the Non-Resident Indian to get immediate delivery of possession of their rented properties if they wish to come back to the country of their origin. In this case, the petition under Section 13B of the 1949 Act was filed on 28.10.2016. The petitioner (tenant) did not contest the same. He appeared on one of the hearings, but, thereafter, absented himself. Thereafter, an ex parte order was passed which is the subject matter of challenge before this Court. An application for setting aside the ex parte proceedings and decree has also been dismissed by the Rent Controller.
3. Th
The limitations and entitlements outlined in Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, regarding the recovery of immediate possession by a non-resident Indian owner, and the s....
Ejectment petitions under Section 13-B of the 1949 Act may contain ancillary claims, and landlords have discretion over their property needs, regardless of tenant opposition.
The court's decision was influenced by the applicability of the 1995 Act and the grounds for eviction under the East Punjab Urban Rent Restriction Act, 1949.
The court emphasized the importance of the Rent Controller considering the assertions made in the tenants' affidavit when determining their entitlement to leave to contest an eviction petition.
Thorough analysis of the grounds disclosed in the tenant's affidavit is essential before granting leave to contest an eviction petition, particularly in cases involving Non-Resident Indian owners see....
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 ....
Misquoting the wrong provision or non-mentioning of any provision would not be sufficient to take away the jurisdiction of the court.
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