Brij Kishore vs Narinder Singh - 2023 Supreme(P&H) 2022

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2022

HARSIMRAN SINGH SETHI
Brij Kishore – Appellant
Versus
Narinder Singh – Respondent

Advocates Appeared:
Mr. Mohit Jaggi, Advocate; For the Petitioner
Mr.Parvinder Singh, Advocate with Mr. Ibadat S.Randhawa, Advocate; For the Respondent

Table of Content
1. challenge to eviction order based on nri status. (Para 1)
2. dispute over landlord's nri qualification. (Para 2 , 3)
3. petitioner fails to rebut landlord's evidence. (Para 4 , 6 , 7)
4. court's thorough review of record. (Para 5 , 8)
5. court dismisses revision petition. (Para 9 , 10 , 11 , 12)

JUDGMENT

Harsimran Singh Sethi, J. (Oral)

In the present petition, the challenge is to the order dated 31.07.2014 passed by the Rent Controller by which, the rent petition filed by the respondent-landlord under Section 13B of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Rent Act') has been allowed.

2. Learned counsel for the petitioner argues that in the present case the eviction petition was filed by the respondent-landlord under Section 13B of the Rent Act claiming to be non-resident Indian whereas, he has not been able to prove the fact that he qualifies to be treated as NRI (non-resident Indian) under Section 2 (DD) of the Rent Act.

3. Learned counsel argues that nothing has come on record to show that the respondent is a permanent resident of a country other than India hence, as there is no evidence on record to prove that respondent-landlord qualifie

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