Nri land lord required the home for his family & relative us

According to 2005 ruling by the Supreme Court of India, NRI landlord could ask his tenant to vacate the premises even though he did not intend to use it directly for himself and resides permanently in another country.

The Court said to eject a tenant, an NRI landlord was required to prove his NRI status and the fact that he had made the claim for the premises for his use or for the use of any dependent ordinarily living with him.
Justice K G Balakrishnan and Justice P P Naolekar said, "An NRI can claim ejectment of the tenant from the premises for the purposes of any other person who is dependent on him and is ordinarily living with him which makes it clear that although the NRI resides permanently in another country, he could get the accommodation vacated for the need of his dependent, who ordinarily lives with him and intends to come to India.

"There is no requirement that he (NRI) has permanently settled in India on his return or he has returned to India with an intention to permanently settle. An NRI may require the accommodation for expansion of his business which he is carrying in another country or requires it for temporary stay," the Bench said disposing of a bunch of petitions on the issue.

The East Punjab Urban Rent Restriction Act, 1949, is the law that governs landlords and tenants; it deals with disputes regarding increase in rent and vacation of premises and applies within urban areas. The judicial officer presiding over this tribunal is known as the Rent Controller; at present Chandigarh has three Rent Controllers. Judgements of the Rent Controller may be appealed before a District Judge or Additional District Judge.

In 2001, the Punjab government amended the Punjab Security and Land Revenue Act, 1953, under which NRIs can now get back possession of their agricultural land from tenants or illegal occupants. Similarly, to protect NRI\'s residential and commercial properly, the Punjab Rent Restriction Act, 1949, has also been amended.

The NRI had to prove that he was the owner of the property for five years, the Bench said interpreting section 13B of the East Punjab Urban Rent Restriction Act, which creates a special class of NRI landlords and reposes special right to them to recover possession of their leased premises.