East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - As per S.13-B of the Act, NRI owner has been given a choice to elect/select one residential building, scheduled building and non resident building, respectively - Once NRI elects a building which may only be a part of building then he cannot subsequently file second petition u/s 13-B..........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Once NRI elects to file petition/petitions and exercises right u/s.13-B of the Act then he is debarred from filing subsequent second petition...........
East Punjab Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - After an owner has availed benefit u/s 13-B of the Act, he can, thereafter, file a petition u/s 13 of the Act but cannot avail benefit u/s 13-B of the Act, as it is restricted only once during life time of such an owner...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- Eviction petition - NRI landlord - Leave to defend - No sale deed has been produced by landlords to prove their ownership - However, jamabandi has been produced on file which carries presumption of correctness - Perusal of jamabandi it is apparent that landlords are owner of property - Even, passports prove..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13B -- Eviction petition - Leave to contest - U/s 13 of the Act, ejectment of tenant can be sought by landowner on various grounds specified therein - In petition u/s 13 of the Act, tenant is not required to seek leave to contest - Tenant is permitted to contest petition in accordance with law - Thus, eviction of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Delivery of immediate possession - Leave to contest - Landlords not disclosed that they have already taken possession of adjoining shops - It is also not case of landlords that aforesaid shops are not in their possession - It is also not in dispute that first floor of tenanted premises in..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(dd) -- Non-resident Indian (NRI) - Any person of Indian origin who is either permanently or temporarily settled outside India is included in definition of NRI - It is not mandatory that person applying u/s 13-B of the Act, is required to be necessarily holder of an Indian Passport...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(1)(a) -- Eviction petition - Bonafide requirement - Death of landlord - It cannot be said that since landlord has died therefore petition is deemed to have abated - Once requirement of landlord himself along with son has been pleaded and he has appeared in evidence continuity of bonafide requirement of tenant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Maintainability - Punjab Rent (Amendment) Act came into force in 29.8.2014 - Rent petition filed under 1949 Act is maintainable, particularly when it was filed before 29.8.2014...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Ownership of landlord - Tenant disputed ownership of landlord - However, no material produced on record to prove that landlord is not owner - Landlord had purchased property through a registered sale deed - In the absence of any material to contrary, Rent Controller rightly concluded that..........
