Civil Revision No.831 of 2005 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.831 of 2005 (O&M) Date of decision: 10.11.2010 Smt. Mohinder Kaur ....Petitioner Versus Jagdish Dogra Kitty Bread M/s Dogra Sale & Service, Kishanpura ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Krishan Sehajpal, Advocate, for the petitioner. None for the respondent 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Landlord was non-suited by the learned Rent Controller on two grounds: - “1. NRI Landlord seeking eviction is a co-owner, hence without partition cannot invoke Section 13-B of the Rent Act. 2. NRI Landlord has not permanently settled in India after coming back from Philippines.” Learned Single Judge of this Court in the matter of Assa Singh Vs. Charanjiv Singh Gulati, 2005(1) PLR 608 has held that a co-owner can invoke Section 13-B of the East Punjab Urban Rent Restriction Act, 1949. Hon'ble Apex Court in the matter of Baldev Singh Bajwa Vs. Monish Saini, 2005(12) SCC 778 as well as learned Single Judge of this Court in the matter of Lakhwinder Kumar Vs. Civil Revision No.831 of 2005 (O&M) -2- Pavitter Kaur (dead) through LRs, 2010(1) RCR (Rent) 588 have held that for the purpose of Section 13-B is it not necessary for a Non- resident Indian landlord to return permanently to India. Even if landlord requires the demised premises for his occasional visits, he can invoke Section 13-B. In view of the above dictum, impugned order cannot be sustained in the eye of law. Present petition is allowed. Impugned order is set aside. Matter stands remanded to the learned Rent Controller to decide afresh in accordance with law. Learned Rent Controller shall decide the eviction petition within six months. Parties are directed to appear before the learned Rent Controller on 10.12.2010. (Alok Singh) Judge November 10, 2010 R.S.