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Supreme Court of India 2021-11-17 dismissed

Padam Nabh & Sons vs Yash Pal

Bench: 2 — V. Ramasubramanian

In Brief

The Supreme Court dismissed a tenant's appeal against eviction by a Non-Resident Indian (NRI) owner under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949. The key issue was whether an NRI who purchased a building with an existing tenant could seek eviction. The Court held that an NRI owner acquiring tenanted property can invoke Section 13-B after five years from purchase, regardless of who originally inducted the tenant. The Court distinguished the earlier Constitution Bench decision in Nathi Devi (which interpreted similar Delhi rent law) based on material differences between the two Acts and legislative intent to protect NRI owners. The tenant was granted six months to vacate.

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Rent Control Urban Rent Restriction Tenant Eviction Non-Resident Indians Property Law Statutory Interpretation Landlord and Tenant Summary Jurisdiction

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