Rent laws are social legislation for protection of tenants. It was enacted in the Year 1949 for protecting the tenants as was the need at that time. Today this legislation is more of tool in the hands of scrupulous tenants to harass the landlords. However now the legal precedents are in favors of landlords. The premises belongs to the landlord and he/ she should get his house back.
Non-Resident Indians can get their Property Vacated under Special Provision of Sec.13-B of the Rent Act.
EAST PUNJAB URBAN RENT RESTRICTION ACT, 1949.
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 non-residential building, as the case may be, let out by him or her, is required for his or her use, or for the use of anyone ordinarily 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.
Non-Resident Indian landlord filing petition for eviction on ground of bona fide requirement – He is required to prove : –
(1) he is a Non-Resident Indian.
(2) that he has returned to India permanently or for the temporary period.
(3) requirement of the accommodation by him or his dependent is genuine.
(4) he is the owner of the property for the last five years before the institution of the proceedings for ejectment before the Controller.
Questions generally asked : –
That how much time it takes ?
Answer: – The provisions of law provide for day to day proceedings in the case Non-Resident Indian wants eviction of tenant from his property. Hence the time taken is mostly less than “Six Months”.
• There is no requirement that Non-Resident Indian should first return to India and then apply for eviction of tenant.
• Non-Resident Indian Landlord who is a co-owner of tenanted premises is entitled to file a petition under Section 13-B of the Act – Consent of other co – owners is presumed unless and until it is shown that the other co – owners were not agreeable to eject the tenants.
• Portions of a building let out to different tenants – Non-Resident Indian landlord entitled to evict all the tenants under Section 13-B on ground of bona fide requirement.