C.R. No.3476 of 2015

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH

C.R. No.3476 of 2015

Date of Decision.20.05.2015

Indresh Goel and another

.......Petitioners

Versus

Jagdev Singh Panesar

......Respondent

Present:

Mr. Rakesh Gupta, Advocate

for the petitioners.

CORAM:HON'BLE MR. JUSTICE K. KANNAN

1.

Whether Reporters of local papers may be allowed to see the

judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest?

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K. KANNAN J. (ORAL)

1.

The issue which is canvassed before this Court is whether a

person born outside India but who has Indian roots through his parents

can claim to be a NRI and apply the provisions under Section 13B of the

East Punjab Urban Rent Restriction Act. This point has been considered

by this Court in M/s Blue Sky Worldwide Travels and another Vs.

Harvinder Singh in C.R. No.2217 of 2015 dated 01.04.2015. I have held

and given reasons as to how acquisition of citizenship of a foreign

country will not make any difference if he is a person of Indian origin,

for, the definition of NRI does not spell out any bar for a non-citizen of

India to claim such a status. Even the Reserve Bank of India guidelines

and FEMA do not prohibit any non-citizen from owning or claiming any

property in India other than agricultural land but subject only to

previous sanction from government. The property is urban property and

there is no bar for NRI to apply under Section 13B. Although the

PANKAJ KUMAR

2015.05.21 16:54

I attest to the accuracy and

integrity of this document

C.R. No.3476 of 2015

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application was filed under Section 13B, after allowing the tenant to

enter a defence under Section 13B the Court has examined the

requirement of the landlord from the point of view of claim made under

Section 13B where it did not even think it necessary to apply provisions

of Section 13 of the Rent Act. If the requirement is established, then

the only question that will have to be raised is whether a non-citizen can

claim eviction. There is no legal bar under any provision of law and I

will not find any justification for making an intervention.

2.

The order impugned is maintained and the civil revision is

dismissed.

(K. KANNAN)

JUDGE

May 20, 2015

Pankaj*

PANKAJ KUMAR

2015.05.21 16:54

I attest to the accuracy and

integrity of this document