JUDGMENT

V. Ramasubramanian, J.

1. This appeal arising out of an order of eviction passed by the Rent Controller, Shaheed Bhagat Singh Nagar, Nawanshahr, under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 and confirmed on revision by the High Court of Punjab and Haryana, raises an interesting question as to whether a Non-Resident Indian who Signature Not Verified purchases a building to which the Act applies, subsequent to the Natarajan Date: 2021.11.23 Reason: induction of the tenant, will be entitled to invoke the summary jurisdiction under Sub-section (1) of Section 13-B or not.

2. We have heard Mr. Nidhesh Gupta, learned senior counsel appearing for the appellant and Mr. Pardeep Gupta, learned counsel appearing for the respondent.

3. Admittedly one Shri Padam Nabh, who was the father of the proprietor/partner of the appellant-concern, was inducted as a tenant in respect of a non residential building measuring about 12’ x 12’, situate at the Old Grain Market Nawanshahar. The induction of Shri Padam Nabh as a tenant, was by one Sat Prakash.

4. Claiming (i) that the original owner Sat Prakash sold the premises in question to his father Brij Lal under a sale deed dated 6.2.1989; (ii) that the property devolved upon him and his brother after the demise of his father in the year 1991 through testamentary succession; (iii) that he went to Australia in March-1996 and returned to India on 4.02.2004; and (iv) that he required the tenanted premises for establishing a departmental store, the respondent filed a petition for eviction under Section 13-B of the Act. The petition was allowed by the Rent Controller by an Order dated 19.01.2010.

5. Challenging the order of the eviction passed by the learned Rent Controller, the appellant filed a revision before the High Court of Punjab and Haryana at Chandigarh. The revision having been dismissed by the High Court, the tenant is on appeal before us.

6. The main contention of Shri Nidhesh Gupta, learned senior counsel for the appellant is that the issue raised by the appellant is no longer res integra, but covered by the judgment of the Constitution Bench of this Court in Nathi Devi vs. Radha Devi Gupta (2005) 2 SCC 271. However, the High Court, in the impugned order, chose to follow the decision of the Division Bench of the High Court in Smt. Bachan Kaur vs. Kabal Singh 2011(1) RCR (Rent) 368, which distinguished the Constitution Bench Judgment in Nathi Devi (supra). Therefore, it is contended by Shri Nidhesh Gupta, learned senior counsel that the impugned order of the High Court requires to be interfered with, by this Court, in the light of the law declared by the Constitution Bench while interpreting an identical provision in the Delhi Rent Control Act, 1958 (for short “Delhi Act”).

7. Since Nathi Devi (supra) was concerned with the interpretation of Section 14-B of the Delhi Rent Control Act, 1958 and since we are concerned in this case with the interpretation of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, we think it would be appropriate to extract the relevant provisions of both the enactments in a tabular column for better appreciation.

8. In Nathi Devi, eviction was sought under Section 14-D of the Delhi Act by a widow landlady. The Rent Controller allowed the eviction summarily and High Court confirmed the same. In the special leave petition filed by the tenant, the decision of this Court in S. Surjit Singh Kalra vs Union of India & Anr. (1991) 2 SCC 87 was relied upon in support of the contention that a landlady who acquired the tenanted premises by way of transfer, could not avail the remedy under Section 14-D for the eviction of a pre-existing tenant. However, the Bench of two Hon’ble Judges of this Court before whom Nathi Devi (supra) first came up, doubted the correctness of the decision in S. Surjit Singh Kalra (supra) and, hence, directed the special leave petition to be placed before a three Member Bench. The three Member Bench noticed the con