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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURBIR SINGH
Narinder Pal (Deceased) Through His Lrs. – Appellant
Versus
Sudesh Kumari – Respondent
JUDGMENT :
Gurbir Singh, J.
Challenge in this petition is to the order dated 24.04.2006, passed by learned Rent Controller, Garhshankar, whereby the ejectment of tenant-petitioner has been ordered under Section 13-B of the East Punjab Urban Rent Restriction (Amendment) Act, 2001 (hereinafter referred to as - the Act).
2. The brief facts of the case, which are necessary for proper adjudication of the present revision petition, are that respondent no.1 Sudesh Kumari (respondent no.1 herein) filed petition under Section 13-B of the Act for immediate possession by way of ejectment of the petitioner from the shop marked as ABCD, situated in Khasra No.482, as detailed in head note of the plaint.
3. It was submitted in the petition by Sudesh Kumari that she, along with Prem Wati, Promila Kumari and Raghubans Lal, was the co-owner/ landlady of the aforesaid shop, vide sale deed dated 13.12.1985 and the petitioner was tenant in the said shop @ Rs.20/- per month for the last more than 40 years. It was further averred by landlady Sudesh Kumari that she, being NRI, returned to India on 01.12.2003. On her return, she needed the shop in question for personal use and was entitled to get its immediate
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....
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.
A landlord seeking ejectment must clearly establish bona fide personal necessity, and concealment of other properties does not negate this requirement.
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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