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ANIL KSHETARPAL
Jaidev Duggal – Appellant
Versus
Narinderjit Kaur Anandpuri – Respondent
JUDGMENT
Anil Kshetarpal, J.
The petitioner herein is a tenant. He has been ordered to be evicted by the Rent Controller. This revision petition has been filed to challenge the correctness of the order passed by the Rent Controller.
2. A petition under Section 13B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the 1949 Act ") was filed by the respondent, who is a Non-Resident Indian. A special provision has been made under Section 13B of the 1949 Act for immediate delivery of the possession of the premises owned by a Non-Resident Indian who wishes to come back and settle in the country of his/her origin. This special right is available only after a period of five years from the date of becoming the owner and only once in the life time of such an owner. In this case, the petition was filed on 05.01.2013. Initially, the Rent Controller did not grant the leave to contest, however, on the intervention of the High Court, the petitioner was granted the leave to contest. Thereafter, the Rent Controller, on the appreciation of evidence, found that the requirement of the landlady is bonafide as she wishes to open a Food Plaza in the building which consists o
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....
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.
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 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 ....
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