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Supreme Court of India 2021-11-17 dismissed

PADAM NABH & SONS vs YASH PAL

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

An NRI (Non-Resident Indian) who purchases a tenanted building in Punjab after a tenant's induction may seek eviction under the East Punjab Urban Rent Restriction Act, 1949, Section 13-B, once five years have passed since acquiring ownership. The Supreme Court held that the NRI becomes the 'owner' and when the tenant's interest vests in the NRI through the legal doctrine of attornment, a landlord-tenant relationship arises. The Court distinguished Nathi Devi v. Radha Devi Gupta (which narrowly interpreted Delhi's Section 14-D) because Section 13-B uses 'owner', not 'landlord', and reflects distinct legislative intent to protect NRI property investments while safeguarding tenant interests for five years. The tenant was granted six months to vacate."

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Landlord and Tenant Rent Control Non-Resident Indian Eviction Property Transfer

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