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NRI Eviction Petition Laws In Punjab & Chandigarh

Section 13B of East Punjab Urban Rent Restriction Act & NRI Eviction Petition Laws Punjab Chandigarh

Section 13B of the East Punjab Urban Rent Restriction Act  is the special provision for the NRI to get immediate eviction of tenant from residential and non-residential premises by filing NRI Eviction Petition In Punjab & Chandigarh NRI Eviction Petition Laws In Punjab & Chandigarh

It enables to NRI to file the eviction petition before the rent controller to get eviction of tenant from residential or non-residential and commercial or non-commercial premises within the State NRI Eviction Petition Laws In Punjab & Chandigarh

To know this provision in better way, you have to understand the followings:-

Who may file petition under section 13B of the East Punjab Urban Rent Restriction Act.

Ans. Any Non-Resident of India may file petition under 13B of the East Punjab Urban Rent Restriction Act to get eviction of tenant from residential or non-residential and commercial or non-commercial premises.

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Who is NRI?

Ans.  Explanation “Non-Resident Indian” (NRI) means a person of Indian origin,’ who is either permanently or temporarily settled outside India, in either case- 

  • for or on taking up employment outside India; or
  • for carrying on a business or vocation outside India; or
  • for any other purpose, in such circumstances, as would indicate his intention to stay outside India for an uncertain period.”

When NRI may file petition under section 13B of the East Punjab Urban Rent Restriction Act?

Ans. Where an owner is a non-resident Indian and returns to India, for permanent residence, he or she may apply to the Rent Authority for recovery of immediate possession of residential or land non-residential: premises let out by him or her on or prior to the commencement of this Act, which are required for his or her use, or for the use of anyone ordinarily living with and dependent on him or her.

Is there any condition for NRI file rent petition under section 13B of the East Punjab Urban Rent Restriction Act? NRI Eviction Petition Laws In Punjab & Chandigarh

Yes. There is condition to file eviction petition under section 13B of the East Punjab Urban Rent Restriction Act 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 NRI owner. NRI Eviction Petition Laws In Punjab & Chandigarh

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What if NRI do not takes possession of evicted premises?

Ans. The owner, who is a Non-resident Indian and who having evicted a tenant from a residential building or a scheduled building and/or non-residential building in pursuance of -an order made under section 13-B, does not occupy it for a continuous period of three months from the date of such eviction, or lets out the whole or any part of such building from which the tenant was evicted to any person, other than the tenant in contravention of the provisions of sub-section (3) of section 13-8, shall be punishable with imprisonment for a term, which may extend to six months or with fine which may be extended to one thousand rupees or both.”

Can NRI sell or let out the premises after getting eviction order under section 13B of East Punjab Rent Restriction Act?

Ans. Where an NRI 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.”

 

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