DHARAMPAL SOOD Vs. SARWAN SINGH

JUDGEMENT

(1.) THE challenge in the present petition is to the order of ejectment passed against the petitioner in a petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as "the Act") filed by respondent Nos. 1 and 2.

(2.) THE ejectment of the petitioner has been sought on ground that the shop in dispute was let out by Ujjagar Singh, father of the respondents, at the rate of Rs. 50/- per month and after the death of Ujjagar Singh, the petitioner became tenant under respondent Nos. 1 and 2 herein. The rent was resettled at Rs. 500/- per month. It was pleaded that Sarwan Singh, respondent No. 1 herein, has retired from Govt. service in Canada in the year 1997 and he wants to shift to India, his native country, permanently and requires the shop in dispute to carry out the business of wrist watches etc. It was also pleaded that previously the ejectment of the tenant was sought on the ground of arrears of rent; that the building is unfit and unsafe for human habitation; and that the same is required for bona fide use and occupation but the said petition was dismissed and the appeal is pending before the learned Appellate Authority.

(3.) LEAVE to defend the application was allowed by the learned Rent Controller. After recording of evidence and its consideration, it was held that Sarwan Singh is a Non-Resident Indian and is, thus, entitled to seek eviction under the provisions of Section 13-B of the Act. Reliance was placed on passport Exhibit P-2. It has also been found that Sarwan Singh was the owner of the property in dispute for the last more than five years and, thus, pre-requisite condition to seek eviction under the provisions of Section 13-B of the Act is satisfied.