RAJ KUMAR DUGGAL Vs. SAT PAL KUMRA

JUDGEMENT

(1.) THIS revision petitioner has been preferred by the tenant against the order dated 9.9.2009 passed by the Rent Controller, Phagwara, whereby he has been ordered to be evicted from the demised premises comprising a shop situated at Main Bazar, Hadiabad, Tehsil Phagwara, District Kapurthala, pursuant to an application filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'The Act').

(2.) THE respondent filed an eviction petition under Section 13-B of the Act, inter alia, averring that he is a Non-Resident Indian of Indian origin who had gone to U.S.A. alongwith his family to earn livelihood and has been granted permanent emigration to U.S.A. The respondent further averred that the demised premises was owned by his father late Sh. Malawa Ram who had purchased the same vide registered sale deed dated Samvat 13, Magh 1966. The said Sh. Malawa Ram passed away in the year 1944 and after his death, his wife, namely, Smt. Malan Devi, mother of the respondent, became owner in possession of the demised premises. Smt. Malan Devi also passed away in the year 1981. After her death, the respondent became the exclusive owner in possession of the demised premises being the sole legal heir of Smt. Malan Devi. The respondent also averred that he has decided to return to India with an intent to live in his native country and therefore, he requires the demised premises for his personal use and occupation as he wants to run a confection shop in the demised shop. The respondent also averred that he is owner of the shop in dispute for a period of more than five years and there is no other such like commercial property is in his possession or got vacated by him within the municipal limits of Phagwara.

(3.) IN order to prove his ownership qua the demised premises, the respondent- landlord placed on record certified copy of the Assessment Register of the Municipal Council, Phagwara in which he is duly recorded as owner of the shop in question. He also placed on record a copy of the sale deed of Samvat 13, Magh 1966. Similarly, with a view to prove his status as NRI, the respondent placed on record his passport bearing entries of U.S. Emigration granted to him. He has also placed on record a copy of the Permanent Resident Card and the Social Security Card issued by the U.S.Government to its citizens/emigrants.