BANSAL TRADING Vs. VIRANMOL SINGH TOOR

JUDGEMENT

(1.) This judgment shall dispose of two revision petitions viz. CR No.4525 of 2013 titled as 'Bansal Trading and another v. Dr.Viranmal Singh Toor and others' and CR No.4648 of 2013 titled as 'Bharat Gulati v. Dr.Viranmal Singh Toor and others', as eviction of the petitioners in both the petitions has been ordered from the demised premises on an application filed by the respondent-landlords; the premises in dispute are part of one building; and the grounds raised in these revision petitions are common and are on similar facts. However, the facts are taken from CR No.4525 of 2013 for convenience sake.

(2.) The respondents-landlords filed a petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as, 'the Act') seeking ejectment of the petitioners from the demised premises (i.e. shop located on ground floor of SCO No.42-43- 44, Sector 17-A, Chandigarh) being Non Resident Indians, who required the demised premises for their own personal use and occupation.

(3.) It has been specifically stated in the eviction petition that the respondents are Indians by birth and fall within the definition of 'Non Resident Indian' as contained under Section 2(dd) of the Act and have decided to come back to India to reside and settle in Chandigarh and start a Joint Venture in the demised premises. It has also been submitted by them specifically that they are the owners of the demised premises for more than five years; and neither they have occupied any other commercial premises in the urban area of Chandigarh, nor they have got vacated any such premises after commencement of the Act.