KAMLESH DEVI ALIAS KESHI Vs. CHANAN SINGH

JUDGEMENT

(1.) THIS petition filed under sub-section (8) of Section 18 A of the East Punjab Urban Rent Restriction Act, 1949 (for brevity the Act) challenges the order dated 15.4.2002 passed by the Rent Controller, Phillaur directing the ejectment of the tenant petitioner from the demised house. The Rent Controller had allowed the ejectment petition filed by the landlord- respondent under Section 13-B of the Act which has been added vide punjab Ordinance No. 10 of 2002 and Punjab Act No. IX of 2001.

(2.) THE landlord-respondent Chanan Singh filed ejectment petition No. 6 of 2001 on 9.4.2001 under Section 13-B of the Act claiming that he is a Non Resident Indian (for brevity 'NRI') and is in immediate need of possession of the house in dispute. It was further alleged that the landlord-respondent is owner of the property in dispute and has been residing abroad. The landlord-respondent further claimed that the property was rented to the tenant-petitioner @ Rs. 500/- p.m. uptil January, 2001. The ejectment of tenant-petitioner is sought on the ground that the landlord-respondent wants to settle in India and he is in need of the house in dispute for his personal use and occupation. Further ground of material impairment of the value of the house and sub-letting have also been pleaded.

(3.) ON Issue Nos. 1 and 2 it has been held that the landlord-respondent is an 'NRI' and is covered by the expression defined by Section 2(dd) of the Act. It has further been held that the landlord-respondent answers all the requirements of the newly added Section 13-B of the Act.