- (1.) This revision petition arises out of an eviction order of 16.4.2014 passed by the Rent Controller against the tenants, petitioners herein, after their application for grant of leave to contest the petition, was dismissed.
(2.) Eviction of the petitioners-tenants was sought under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter mentioned as the Act) which is a special provision introduced in the Act for Non-Resident Indians providing them right to recover immediate possession of residential, scheduled or non-residential building. For ready reference, Section 13-B of the Act is reproduced as below: "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 nonresidential 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 ordinary 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."
(3.) At this stage, it would be relevant to refer to the provisions of Section 2(dd) of the Act for understanding the domain and sweep of the term, "Non-Resident Indian", which is as under: "(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.";