AVTAR SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) THESE three Civil Revisions bearing Nos. 1060 to 1062 of 2005 involve common questions of law and facts as the same have arisen out of an ejectment petition filed by the respondent-landlord under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 against the three tenants, to whom adjoining shops, which are part of one building, were rented out and all the three tenants have been ordered to be evicted by the learned Rent Controller vide orders dated 17.1.2005 on identical ground. For the sake of brevity, the facts are being taken from Civil Revision No. 1060 of 2005.

(2.) THE respondent-landlord, who is Non-Resident Indian (for short "NRI"), residing in England, and is a "specified landlord" within the meaning of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act") filed an ejectment petition against the petitioner for his eviction from a shop which was rented out @ Rs. 60/- per month. The eviction was sought on the ground that the respondent has retired from his employment in England and with a view to start his own business of furniture workshop and to settle down in India, he bona-fidely requires the premises for his personal use and occupation. The respondent averred that he has not taken possession of any such building from any other tenant under the Act.

(3.) SECTION 13-B of the Act provides that where an owner of a residential/scheduled/non-residential building is a NRI and returns to India and such building is required by him for his use or for his dependent, he may apply to the Rent Controller for immediate possession of such building. However, the right to apply in respect of such building has been made available only after five years from the date of becoming owner of such building and such a right can be exercised only once during the life time of such an owner. Further, an owner, after recovering possession of the building under this provision, is precluded from transferring it through sale or any other means or let it out before the expiry of a period of five years from the date of taking possession.