- (1.) THE petitioner is aggrieved of the order dated 25.3.2014 passed by the learned Rent Controller accepting the petition of the respondent/landlady under the provisions of Section 13 -B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act).
(2.) THE landlady pleaded that she is having two sons and two daughters and is desirous of coming back to India from U.K. where she is presently residing and intends to settle down permanently in this country. She had purchased House No.1040, Sector 21 -D, Chandigarh vide sale dated dated 6.10.1995 wherein the present petitioner is the tenant on the entire first and second floor of the house on the strength of the rent agreement dated 26.7.2007 at the rate of Rs.15,000/ - per month excluding water and electricity charges. She pleaded that the house is required for her personal use and the petitioner has proved to be a bad tenant as he has not paid the rent since 2011.
(3.) THE petitioner filed an application for leave to defend. Admitting his tenancy, he disputed the intentions of the respondent to settle permanently in this country by saying that she was merely an occasional visitor and therefore, her need is not bonafide. He then set up a plea that in fact, the respondent landlady had entered into an agreement to sell a portion of this property i.e. 50% share only and had received a sum of Rs.3,40,000/ - as earnest money. The deal had been struck for Rs.68 lacs. He also disputed the claim of the respondent to he an NRI. The landlady filed a counter to the reply filed by the present petitioner and reiterated her claim. The learned Rent Controller while relying upon the decision rendered by the Hon'ble Supreme Court in Baldev Singh Bajwa v. Monish Saini, 2005 4 RCR(Civ) 492held the respondent/landlady to be an NRI and negated the claim of the petitioner that since the respondent had acquired the citizenship of U.K., she no longer could claim to be an NRI. The fact of the respondent being the owner for the last 5 years was not in dispute and thus, finding that all the ingredients contained in Section 13 -B of the Act were satisfied in favour of the respondent, the learned Rent Controller determined the proceedings to order eviction of the present petitioner which is now the cause of grievance to him.;