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2021 Supreme(Online)(SC) 1566

PADAM NABH AND SONS – Appellant
Versus
YASH PAL – Respondent


Advocates:
TARUN GUPTASUBHASISH BHOWMICK

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 dat

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