JAWAHAR LAL GUPTA, J. - (1.) ARE the provisions of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 as amended ultra vires Article 14 of the Constitution ? This is the short question that arises for consideration in this case.
(2.) THE petitioner is a tenant in a shop in Ludhiana owned by respondent No. 2 - a non-resident Indian. A petition under Section 13-B of the Act was filed by her against the petitioner for his eviction. This petition is pending in the court of the Rent Controller, Ludhiana. In this petition, it has been claimed that the shop was originally owned by her husband. He having passed away on February 8, 1978, she had inherited the property. It has been duly transferred in her name. The shop was let out on February 9, 1991. In September, 1994, by a mutual agreement, the tenancy was shifted from Shop No. 3 to Shop No. 1. A rent note was duly executed. The respondent-landlady being a Non-resident Indian has invoked the provisions of Section 13-B and claimed eviction on the ground that she wants to start her own business. On the ground of personal necessity, she has claimed eviction of the petitioner- tenant. The tenant has filed the present writ petition to thwart the effort of the landlady to evict him. He alleges that the provisions in Section 13-B is violative of Articles 14, 19 and 21 of the Constitution. On this basis, he prays that Section 13-B be declared unconstitutional. Mr. S.C. Kapoor, Senior Advocate contended that the provisions discriminates between an Indian and a 'foreign landlord'. Thus, it violate Article 14 of the Constitution.
(3.) THE short question that arises for consideration is - Does the provision as contained in Section 13-B offend Article 14 of the Constitution ? It would be apt to notice the provision. It provides as under :- 13-B. Right to recover immediate possession of residential building or scheduled building and 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 own use, or for the use of any one ordinarily living with and dependent upon 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 for 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." ;