New Delhi, October 20
In a major relief to thousands of Non-Resident Indians (NRIs) having properties in Punjab and Union Territory of Chandigarh, the Supreme Court has ruled that they can evict tenants from their houses under the East Punjab Urban Rent Registration Act, 1949 if the same are required for their “genuine” use.
“Section 13-B (of the Act) gives right of ejectment to special category of landlords who are NRIs and owners of the premises for five years before action is commenced,” a Bench of Mr Justice K.G. Balakrishnan and P.P. Naolekar held.
Deciding a bunch of appeals of tenants against Punjab and Haryana High Court judgement upholding the right of NRIs to claim their properties, the apex court said: “All that is required under Section 13-B is that an NRI should return to India and claim the premises for his/her use or for the use of any dependent ordinarily living with him.”
The court said there was no requirement of the NRI settling in India permanently on his return or “he has returned to India with an intention to settle permanently”.
This provision had been intentionally made in the Act by legislature to ensure that when an NRI returned to India or wanted to carry out his business activities in the country or abroad from here, he would require accommodation for his “temporary” stay, the court said.
