JATINDER KUMAR SANAN Vs. NEERAJ MATHAWAN

JUDGEMENT

(1.) By this order, two revision petitions filed by tenants arising from two eviction petitions filed by the landlord on similar ground shall stand disposed of. Learned counsel for the parties also agreed that both the revision petitions can be conveniently disposed of by a common order.

(2.) Brief facts of the case are that the owner- Neeraj Mathawan S/oVed Prakash resides in USA. He filed two applications for ejectment of the tenants from separate shops under Section 13 B of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'). Section 13 B of the Act gives a special right to a Non Resident Indian who wishes to return to his home land. Section 13-B of the aforesaid Act is extracted as under:

(3.) On careful reading of Section 13 B of the Act, it is apparent that right to file petition has been given to an owner who wishes to return to his country of his origin. The requirement is that he should be owner of the property for a minimum period of five years before filing the petition. The owner is entitled to exercise this special right only once during his lifetime.