LAWAN VERMA AND ANOTHER Vs. CHARANJIT SINGH SOHAL

JUDGEMENT

(1.) Counsel for the parties are agreed that since the respondentlandlord is having an Indian passport, therefore, this case can be decided without waiting for reference to a Larger Bench of the Hon'ble Supreme Court in SLP(C) No.569 of 2011, titled as Ram Lal (Dead) Through LRs Vs. Ram Dass.

(2.) Tenants-Petitioners are in the revision petition against the order passed by the learned Rent Controller dated 012014. A special provision has been added enabling non-resident Indians to seek eviction of their tenants under East Punjab Urban Rent Restriction Act, 1949. Section 13-B and other sections have been added entitling non-resident Indians to seek eviction of the tenant from the premises owned by him. In the present case, the respondent-landlord, who was also, owner fulfilling the requirement of the Act applied for eviction of the tenants-petitioners as he intends to start his own business in the premises namely ground floor of SSS No.145, Phase-VII, SAS Nagar, Mohali. As per the provisions of the Act, the petition was filed on 06.08.2009. The petition was filed by the respondent himself. The petition was also supported by an affidavit of the landlord. It was pleaded that the petitioner who is living in UAE for quite sometime, now intends to return to India and requires the premises for his business. The respondent-landlord further pleaded that he does not own any other property in India except the property which was given on lease to the tenants-petitioners. It was further pleaded that ownership of the said property was transferred in the name of the landlord in the year 2001 by his uncle namely Gurdeep Singh Sekhon and thereafter, the respondent-landlord is the sole owner of ground floor of the premises in question. Copy of the transfer-cum-allotment letter issued by the Punjab Urban Development Authority dated 24.05.2001 was attached.

(3.) The tenants-petitioners contested the petition by filing a reply.