The property dispute is one of the major problems people encounter, especially NRIs. Getting back the possession of their property can take time due to the lengthy legal process. Often, fake owners take possession of the NRI properties and later file a case on the property and these cases drag for years and years.
Bringing much relief to the NRI Community, the Punjab and Haryana High Court recently held that an NRI is not required to show any bona fide to get his property vacated.
The court made this observation dismissing a tenant’s plea. The bench consisting of Justice Rajbir Sehrawat maintained that an NRI is required to only prove that he is returning to India. With this assertion, he can recover the possession immediately.
The court made this observation while considering the eviction petition filed by an NRI Harcharan Singh before the Rent Controller for eviction of the tenant (Harjit Singh) from his property at Jalandhar, claiming that he needs the house for his own use after returning from abroad.
The landlord has been residing in Canada but intends to settle down in India now. Accordingly, the eviction petition was filed by him, which was allowed by the Rent Controller.“The petitioner/tenant, Harjit Singh, however, aggrieved over the order, had moved to HC against the order of November 21, 2015, passed by the Rent Controller, NRI Cases, Jalandhar, whereby it was ordered to him to hand over the vacant possession of the demised premises to Harcharan Singh, (NRI), peacefully,” reported the Indian Express.
The counsel for Harjit Singh argued that the attempt of the landlord to get the tenant evicted is not bona fide as he is having other properties in India. While the counsel for the landlord (NRI) maintained that the petitioner/tenant was given on rent only the first floor of the property, he has grabbed even the ground floor claiming to be the caretaker of the same.
Justice Rajbir Sehrawat after hearing the matter, said, “In case of NRI landlord seeking eviction under Section 13-B of the Act, the only factum which is required to be proved is that he is an NRI and that he needs the house in question for his personal requirement. Based on this assertion he can get the possession back immediately.”
“These facts need no special deposition or personal knowledge which could be within the specific knowledge of the NRI landlord only….No other requirements, like that of bona fide personal necessity, as are required to be proved as a particular state of mind in case of an ordinary eviction petition under the Act, are applicable in the case of the NRI landlord. NRI landlord is not required to show any bona fide necessity as such. He is required to prove only the requirement by pleading that he is returning to India. With this assertion, he can recover the possession immediately.” The HC dismissed the plea of the petitioner with directions to vacate the property.
