201.
(SC) 05-10-2005
A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Sections 13-B and 19(2-B) -- NRI landlord – Eviction -- Section 13-B intends to provide immediate possession of the accommodation to the NRI landlord which is in possession of the tenant on the following conditions:
(i) NRI landlord requires the premises for his or her use or for the use of any one ordinarily living with him/her and is dependent on him or her.
(ii) NRI-landlord is owner of the building from which he has asked ejectment of the tenant.
(iii) NRI landlord is owner of that building for five years before he applied to the Controller for possession of such building.
(iv) Immediate possession could be availed of only once during the life time of such an owner/NRI landlord.
(v) NRI-landlord can select one among several others residential building or schedule building and/or non-residential building for the purpose of eviction of the tenant from that premises.
(vi) Owner who recovers the possession of the building by virtue of the order passed under Section 13-B shall neither transfer it either by sale or by any other mode nor he shall let it out for the period of five years from the date he took possession of the building.
(vii) Section 19(2-B) contemplates that when the order for possession is being passed in favour of the owner-landlord under Section 13-B, he is required to occupy the premises continuously for the period of three months from the date of eviction of the tenant.
(Para 11)
B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Sections 13-B and 18-A(5) -- NRI landlord – Eviction -- Leave to contest – Tenant’s right to defend the claim of the landlord u/s 13-B for ejectment would arise if the tenant could be able to show that the landlord in the proceedings is not NRI landlord; that he is not the owner thereof or that his ownership is not for the required period of five years before the institution of proceedings and that the landlord’s requirement is not bona fide.
(Para 19)
C. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Sections 13-B and 18-A(5) -- NRI landlord – Eviction -- Leave to contest – Allegations made by the NRI landlord of his requirement shall be presumed to be genuine and bonafide unless rebutted by the tenant by placement of cogent and material facts and evidence in support thereof at the stage of ‘leave to contest’ before the Controller -- Any other interpretation would completely whittle down and deny the tenant’s right to show and prove that landlord does not in fact, or in law require suit premises.
(Para 20, 22)
D. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Sections 13-B and 18-A (5) -- NRI landlord – Eviction -- Leave to contest – Argument that that if the inquiry in the allegation of landlord’s need regarding the bonafide and genuineness is permitted, the legislative intent of immediate delivery of possession of the accommodation owned by them would be defeated is not tenable.
(Para 21)
E. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Sections 13-B and 18-A (5) -- NRI landlord – Object of the Legislation -- No doubt the legislative intent in enacting Section 13-B, is to provide for immediate possession of the accommodation owned by the NRI but it cannot be assumed that the legislature wants the NRI landlord/owner, to get the possession of the accommodation from the tenant even if he does not require it and the need pleaded is proved to be a mere pretext to get the accommodation vacated.
(Para 22)
F. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 1 -- Interpretation of Statute -- Object of the Legislation –
(i) legislative intent has to be ascertained according to plain language used in the enactment and basic rule of statutory construction should be preferred which advances the purpose and object of a legislation and not which leads to anomalies, injustice or absurdities.
(ii) The golden rule of construction is that when the words of legislation are plain and unambiguous, effect must be given to them.
(iii) The basic principle on which this rule is based since the words must have spoken as clearly to legislatures, as to judges, it may be safely presumed that the legislature intended what the words plainly say.
(iv) The legislative intent of the enactment may be gathered from several sources which is, from the statute itself, from the preamble to the statute, from the statement of objects and reasons, from the legislative debates, reports of committees and commissions which preceded the legislation and finally from all legitimate and admissible sources from where they may be allowed.
(v) But the primary rule of construction would be to ascertain the plain language used in the enactment which advances the purpose and object of the legislation.
(Para 22)
G. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 2(dd),13-B -- NRI landlord – Eviction -- There is no requirement that NRI landlord has permanently settled in India on his return or he has returned to India with an intention to permanently settle in India.
(Para 23 to 25)
H. East Punjab Urban Rent Restriction Act, 1949, Sections 2(dd) and 13B - NRI landlord - Any person who has gone out of India and temporarily settled there for the purposes of undertaking certain course or degree of University would not be a NRI because his stay could not be said to be for an uncertain period.
(Para 24)
I. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 2(dd),13-B -- NRI landlord – Eviction -- Once in a lifetime possession is given to a NRI to get one building vacated in a summary manner, a NRI landlord is required to prove that:-
(i) he is a NRI;
(ii) that he has returned to India permanently or for the temporary period;
(iii) requirement of the accommodation by him or his dependent is genuine; and
(iv) he is the owner of the property for the last five years before the institution of the proceedings for ejectment before the Controller.
(Para 26)
J. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 2(dd),13-B -- NRI landlord – Eviction – Other proceedings which have been taken up by the landlord for ejectment under the general provisions of the Act, would not bar the proceedings taken up under the special provision connected with the welfare of the NRI.
(Para 42)