KRISHNA KUMARI Vs. PREM SINGH

JUDGEMENT

(1.) The present petition directs challenge against order dtd. 15/12/2015 passed by the Rent Controller, Hoshiarpur whereby petition under Sec. 19(2-B) of the East Punjab Urban Rent Restriction Act, 1949 (in short "the Act")read with Sec. 144 of the Code of Civil Procedure (in short "the Code") for restoration of possession of demised shop bearing No. B-3-765, situated at Phagwara road, Hoshiarpur, has been dismissed. A brief backdrop of the case is that the respondent filed eviction application under Sec. 13-B of the Act that culminated in eviction order dtd. 3/8/2010 passed by the Rent Controller, Hoshiarpur. The revision petition preferred by the petitioner-tenant was dismissed by this Court and accordingly the eviction order attained finality. Indisputably, actual possession of tenancy premises was delivered to the landlord on 7/5/2011. The petitioner-tenant filed the instant petition seeking restoration of possession primarily on the ground that the landlord had not occupied the shop in question for a period of three months with effect from 7/5/2011, therefore, he is liable to restore the petitioner in the same position as she was before possession of the shop was delivered to the respondent-landlord I have heard counsel for the petitioner and perused the paper book particularly the order impugned.

(2.) The petitioner has invoked Sec. 19(2-B) of the Act read with Sec. 144 of the Code to assert her right for restoration of possession. A relevant extract from Sec. 19(2-B) of the Act, reads as follows:-

(3.) A bare perusal of the aforesaid extract leaves no manner of doubt that it does not envisage any right being conferred upon a tenant to seek restoration of possession in case an NRI landlord does not occupy the building in question for a period of three months from the date of such eviction order or lease out wholly or any part of the building from which the tenant was evicted to any person other than the tenant in contravention of proviso to sub Sec. 3 of Sec. 13-B of the Act. On the contrary, Sec. 19(2-B) only envisages that such a landlord shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs.1000.00 or both. That being so, the petitioner cannot assert for restoration of possession by invoking Sec. 19(2-B) of the Act.