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ARCHANA PURI
Ved Parkash – Appellant
Versus
Bhupinder Singh Bansal – Respondent
JUDGMENT
Mrs. Archana Puri, J.
Petitioner Ved Parkash, proprietor of M/s Goldy Juice Bar, in the capacity of being tenant of the shop, described by boundaries, forming part of property bearing municipal No.B-XVII-243, Taraf Karabara, Model Town Road, Bharat Nagar, Ludhiana, has filed the present revision petition.
2. In the instant revision petition, the petitioners-tenant challenged the denial of leave to defend and consequential order of eviction passed in the ejectment petition filed under Section 13B of the East Punjab Urban Rent Restriction Act, 1949.
3. The facts germane, to be noticed, are as follows:-
The court affirmed that a Non-Resident Indian landlord can seek eviction under Section 13B of the East Punjab Urban Rent Restriction Act, 1949, if bona fide need is established.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
Eviction of tenant – Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an Order for Recovery of Possession.
The main legal point established in the judgment is that a holder of a foreign passport can be considered an NRI under the Act, and the landlord's personal necessity is best judged by the landlord.
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.
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