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NIDHI GUPTA
Capt. K. Phool Singh (deceased) represented by his LRs – Appellant
Versus
Rajinder Kumar Kalia – Respondent
JUDGMENT
Ms. Nidhi Gupta, J.
Present revision petition has been filed by the tenant against the order dated 9.10.2015 passed by the Rent Controller, Chandigarh whereby his application for leave to defend filed under section 18-A of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'), has been dismissed.
2. Brief facts of the case are that the respondent/landlord filed a petition under section 13-B of the Act, the same being Rent Petition No.304 of 27.3.2015 (Annexure P-1), seeking ejectment of the petitioner from the tenanted premises describable as "3 bed rooms, drawing-cum-dining room, kitchen, latrine and bathroom on the ground floor of H.no.1103 (new No.1102), Sector 8-C, Chandigarh" (hereinafter referred to as the 'demised premises'). The respondent sought the ejectment of the petitioner on grounds of bona-fide personal necessity, as also arrears of rent. It is the pleaded case of the respondent-landlord that he is an NRI who had settled in England since past several years, and he was owner of the demised premises by way of Sale Deed dated 9.3.1999 which was duly annexed with the ejectment petition, and that he was now 58 years of age and near
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
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 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 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 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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