East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Determination of status - Court has examined original certificate regarding passport, original visa endorsement and original permanent resident card at Canada - Held, status as a NRI was well established and landlord had established need in manner required by law...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI Landlord - Ownership - Onus to prove - Held, onus would always be upon landlord to show that he is owner of demised premises and in case boundaries do not match with sale deed produced on record it would certainly require due evaluation by Rent Controller...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B - - Ejectment order - Conditions to be fulfilled - Held, landlord should be owner of premises for last 5 years - Landlord must be an NRI - Landlord requires premises for his own use and occupation or for any one living and dependent upon him...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Lease for 99 years - Holding leasehold rights - Effect - Held, it is by now settled proposition of law that if a person is holding leasehold rights for 99 years, he has, for all intents and purposes been owner of property and is entitled to invoke provisions of S.13-B of the Act for ejectment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Proof - Held, a person whose parents, grandparents or great grandparents were born in India would be covered under the definition of the Act of 1949 and it is not necessary that a person should be a citizen of India - In present case there is no dispute about the fact that some of respondents were..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment - NRI landlord - Reasoning given by landlords in their ejectment application seems to be quite plausible and it is duly supported by affidavit - As per requirement of S.13-B of the Act, same is enough for ordering eviction of tenant from demised premises as presumption has to be taken by Court that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- Eviction - NRI landlord - Leave to contest - Contention of tenant that persons who have not acquired Indian citizenship cannot obtain to a Non-resident Indian status - Held, contention is directly against definition of "Non-Resident Indian" under the Act - All that is required u/s. 2(dd) is that person..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Leave to defend - Contention of tenant that landlords have been living away from India for a long time and there is no reason for them to return to India in evening years of their lives - Held, if landlord declares that he requires premises for his personal occupation and intends to come..........
East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - Personal need - NRI landlord - Eviction of tenant sought on ground of own personal need - Status of landlord as NRI is not in dispute - Contention of tenant is that in possession of only ground floor and building has two other storey and landlord wants..........
East Punjab Urban Rent Restriction Act, 1949 (As extended to the city of Chandigarh), 1974, Section 13B - - Eviction - NRI landlord - Leave to defend - Defence of tenant that power of attorney holder does not have a power to institute case - Held, it is not uncommon that NRI landlord resorts to Court through a local resident Indians to prosecute case and to that extent..........
