SANJIV KHANNA,J. - (1.) Leave granted.
(2.) The afore-captioned appeals are by tenants of different residential and non-residential buildings in the Union Territory of Chandigarh and urban areas in the State of Punjab, who have challenged the constitutional validity of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short, the 'Rent Act') and its extension to the Union Territory of Chandigarh by the Central Government vide Notification dated 09.10.2009 in exercise of powers under Section 87 of the Punjab Reorganisation Act, 1966 (for short, the 'Reorganisation Act').
(3.) Section 13-B of the Rent Act, reads as under: "13-B. Right to recover immediate possession of residential building or scheduled building and/or non-residential building to accrue to Non-resident Indian.-- (1) Where an owner is a Non-Resident Indian and returns to India and the residential building or scheduled building and/or non-residential building, as the case may be, let out by him or her, is required for his or her use, or for the use of any one ordinarily living with and dependent on him or her, he or she, may apply to the Controller for immediate possession of such building or buildings, as the case may be: Provided that a right to apply in respect of such a building under this Section, shall be available only after a period of five years from the date of becoming the owner of such a building and shall be available only once during the life time of such an owner. (2) Where the owner referred to in sub-section (1), has let out more than one residential building or scheduled building and/or non-residential building, it shall be open to him or her to make an application under that sub- section in respect of only one residential building or one scheduled building and/or one non-residential building, each chosen by him or her. (3) Where an owner recovers possession of a building under this Section, he or she shall not transfer it through sale or any other means or let it out before the expiry of a period of five years from the date of taking possession of the said building, failing which, the evicted tenant may apply to the Controller for an order directing that he shall be restored the possession of the said building and the Controller shall make an order accordingly." The expression 'Non-Resident Indian' has been defined in clause (dd) to Section 2 of the Rent Act and reads: "(dd) "Non-resident Indian" means a person of Indian origin, who is either permanently or temporarily settled outside India in either case ­ (a) for or on taking up employment outside India; or (b) for carrying on a business or vocation outside India; or (c) for any other purpose, in such circumstances, as would indicate his intention to stay outside India for an uncertain period;" Section 13-B of the Rent Act gives a right to Non-Resident Indians to recover immediate possession of residential/ scheduled/non-residential buildings situated in the Union Territory of Chandigarh and urban areas in the State of Punjab on the satisfaction of the conditions stated. We shall elaborate the provisions subsequently and would first refer to the legislative history and procedure adopted for enforcement of the challenged provisions in the Union Territory of Chandigarh.;