Supreme Court of India
KAMALJIT SINGHversusSARABJIT SINGH
- Citation
- 2014 INSC 585
- Decided
- 2 September 2014
- Disposal
- Appeal(s) allowed
- Bench
- T S THAKUR
Holding
A landlord who is an NRI and satisfies the five‑year ownership condition is entitled to immediate possession under Section 13‑B, and the tenant is estopped from denying the landlord’s title under Section 116 of the Evidence Act.
Summary
The appellant, a non‑resident Indian (NRI), let a shop to the respondent tenant and later returned to India, seeking eviction under Section 13‑B of the East Punjab Urban Land Restriction Act, 1949, on the ground of personal use. The Rent Controller and the High Court dismissed the petition, holding that the landlord had not proved ownership of the premises for the requisite five‑year period and had not linked the sale deeds to the specific shop. The Supreme Court held that a landlord need not prove title where a clear landlord‑tenant relationship exists and the tenant admits possession, invoking the doctrine of estoppel under Section 116 of the Evidence Act. Since the tenant admitted being let possession in 1992, more than five years before the petition, the five‑year ownership condition was satisfied. Consequently, the tenant was estopped from denying the landlord’s title and was ordered to vacate the premises subject to specified conditions.
Issues considered
- The applicability of Section 13‑B of the East Punjab Urban Land Restriction Act, 1949 to an NRI landlord seeking eviction and the requirement of proving ownership for five years prior to filing.
- Whether the doctrine of estoppel under Section 116 of the Evidence Act bars a tenant from denying the landlord’s title while in possession.
- Whether the landlord must correlate sale deeds to the specific demised shop to satisfy the statutory requirement.
Legislation cited
Subjects
NRI landlordevictionSection 13-BEast Punjab Urban Land Restriction ActestoppelEvidence Act Section 116landlord‑tenant relationshiprent control
Judgment
[2014] 9 S.C.R. 489
KAMALJIT SINGH A
v.
SARABJIT SINGH
(Civil Appeal No. 8410 of 2014)
SEPTEMBER 02, 2014
B
[T.S. THAKUR AND C. NAGAPPAN, JJ.]
Rent Control and Eviction:
East Punjab Urban Land Restriction Act, 1949 - s. 13-B c
- Right to recover immediate possession of residential
building or scheduled and/or non-residential building to accrue
to Non-Resident Indian - Eviction petition by non-resident
Indian on ttre ground of need of the shop for his own use -
Dismissed by courts below holdif!g that the landlord failed to 0
prove his ownership over the demised premises for a period
of five years before filing of the eviction petition and failure of
the landlord to co-relate the sale deeds proved by him to the
shops over which he claimed ownership - Held: When
ordinarily a landlord cannot be asked to prove his title before E
getting his tenant evicted on any one of the grounds stipulated
for such eviction, there is no reason why landlord should be
asked to do so only because he happens to be a NRI - On
facts, tenant did not dispute either the jural relationship of
landlord and tenant between the parties or the rate of rent F
settled between them - All that the tenant asserted was that
he was in possession of the shop since•tf]e year 1992 and
not since 1989 as asserted by the landlord - Once the tenant
admitted that he had been let in possession as a tenant by
the appellant in the year 1992 i.e. more than 10 years before
the filing of the eviction petition, the requirement of landlord G
being owner of the property for more than five years within the
meaning of s. 13-8 satisfied - Thus, so long as a jural
relationship exists between the tenant and the landlord and
489 H
490 SUPREME COURT REPORTS [2014] 9 S.C.R.
A so long as tenant has not surrendered the possession of the
premises in his occupation, he cannot question the title of the
landlord to the property - 'Tenant would be estopped from
denying the title of the landlord - Tenant directed to vacate
the premises - Doctrine of estoppel.
B
Appellant-non-resident Indian had let out a shop to
respondent-tenant. The appellant returned back to India
in the year 2000 with an intention to settle down and start
a hotel in the rented shop. The appellant filed an eviction
petition under Section 13-B of the East Punjab Urban
C Land Restriction Act~1,949 against the respondent-tenant
on the ground that he needed the shop for his own use.
The Rent Controller dismissed the eviction petition filed
by the appellant holding that the appellant had failed to
prove his ownership over the demised premises for a
D period of five years before the filing of the eviction petition
and that although the sale-deeds in question had been
proved by the appellant, he had failed to co.;,relate the
same to the suit shop or other shops over which he
claimed ownership. In revision petition, the High Court
E upheld the order passed by the Rent Controller. Hence,
the instant appeal.
Allowing the appeal, the Court
, HELD: 1. Section 13-8 of the East Punjab Urban Land
F Restriction Act, 1949 is a code by itself for the special
category of cases where the landlord happens to be a
non-resident Indian who returns to India and needs the
demised premises for his or her own use or for the use
of anyone ordinarily living with and dependant on him or
G her. The only limitation on the exercise of the right vested
under Section 13-8 is that the NRI owner must apply for
eviction of the tenant only after a period of five years from
the date he becomes the owner of such a building and
that any such right sh·a11 be exercisable by hi\11 only once
H
KAMALJIT SINGH v. SARABJIT SINGH 491
during his life time and in respect of one of the several A
buildings that he may be owning. [Para 9] (497-G-H; 498-
A-B]
2.1. The appellant placed reliance upon two sale-
deeds in support of his claim of ownership over the suit 8
premises. These sale-deeds have been satisfactorily
proved and accepted at the trial before the Rent
Controller. The findings recorded by the Rent_Controller
to that effect are clear and specific. What is according to
the Rent Controller and the High Court, not established
is that the sale-deeds relied upon by the appellant relate C
to the land underlying the shops. That view is not sound.
The reasons are not far to seek. [Para 10] (498-C-E]
I
2.2. The respondent did not dispute either the jural
relationship of landlord and tenant between the parties D
or the rate of rent settled between them. All that the
respondent asserted was that he has been in possession
of the shop since the year 1992 and not since 1989 as
asserted by the appellant. It was also not the case of the
respondent that he is the owner of the suit shop or that E
he had taken the same on rent from anyone other than
the appellant. Such being the position, the respondent
cannot dispute the title of the appellant over the shop
assuming that he was let in possession by the appellant
in the year 1992 as asserted by him and not in the year F
1989, because once the respondent admits that he has
been let in possession as a tenant by the appellant in the
year 1992 i.e. more than 10 years before the filing of the
eviction petition, the requirement of appellant being
owner of the property for more than five years within the G
meaning of Section 13-B would stand satisfied. The
respondent would then be _estopped from denying the
title of the appellant during the continuance of the benefit
that he is drawing under the transaction, between him
and the appellant. It is trite that the doctrine of estoppel
H
492 SUPREME COURT REPORTS [2014] 9 S.C.R.
A is steeped in the principles of equity and good
conscience. Equity will not allow a person to say one
thing at one time and the opposite of it another time. It
would estop him from denying his previous assertion,
act, conduct or representation to say something contrary
B to what was implied in the transaction under which he
obtained the benefit of being let in possession of the
property to be enjoyed by him as a tenant.[Para·111 [499-
D-H; 500-A-B]
2.3. Section 116 of the Evidence Act deals with
C estoppel against tenants and of licensees or persons in
possession. Estoppel under this provision falls in the
category of estoppel by contract and is relatively a recent
development. The rule embodied in Section 116 simply
prevents the tenant in occupation of the premises from
D denying the title of the landlord who let him into
possession, just as it applies to a mortgagor or a
mortgagee, vendor or a vendee, bailer or a bailee and
licensor or a licensee. A tenant in possession of the
property cannot deny the title of the landlord. But if he
E wishes to do so he must first surrender the possession
of the property back to him. He cannot, while enjoying the
benefit conferred upon him by the benefactor, question
latter's title to the property. Section 116 clearly lends itself
to that interpretation. [Paras 15, 16] [501-B, C, G]
F
2.4. What is important is that so long as a jural
relationship exists between the respondent-tenant and
the appellant and so long as he has not surrendered the
possession of the premises in his occupation, he cannot
G question the title of the appellant to the property. The
inevitable inference flowing from the above proposition
would be that (viz-a-viz the respondent) the appellant was
and continues to be the·owner of the premises in question
since the year 1992 when the respondent was inducted
H as a tenant. Reckoned from the year 1992 the appellant
KAMALJIT SINGH v. SARABJIT SINGH 493
has established his ownership of the premises for a A
period of five years before the filing of the eviction petition
thereby entitling him to invoke the provisions of Section
13-B of the Act. [Para 17] [502-F-H; 503-A]
2.5. Section 13-B is a beneficial provision intended to B
provide a speedy remedy to NRls who return to their
native places and need property let out by them for their
own requirement or the requirement of those who are
living with and economically dependent upon them. Their
position cannot, therefore, be worse off than what it C
would have been if they were not Non-Resident Indians.
If ordinarily a landlord cannot be asked to prove his title
before getting his tenant evicted on any one of the
grounds stipulated for such eviction, there is no reason
why he should ·be asked to do so only because he
happens to be a NRI. The general principles of Evidence D
Act including the doctrine of estoppel enshrined in
Section 116 are applicable even to the tenants occupying
properties of the Non-Resident Indians referred to in the
Act. [Para 18] [503-B-D]
E
2.6. The courts below fell in manifest error in holding
that the appellant-landlord was obliged to prove his title
to the property, no matter the tenant clearly admits the
existence of jural relationship of landlord and tenant
between him and the appellant. In the circumstances, the F
view taken by the courts below is reversed and eviction
petition is decreed. The judgment and order passed by
the courts below is set aside and respondent is directed
to be evicted from the - stJ-il premises. Since the
respondent was in possession of the suit property for a G
considerable length of time, he is granted reasonable time
to vacate th~ premise. s subject to certain conditions.
[Paras 19, 20] [503-E-H]
Sri Ram Pasrichav. Jagannath and Ors. 1977 (1) SCR
395: (1976) 4 SCC 184 - referred to. H
494 SUPREME COURT REPORTS [2014] 9 S.C.R.
A Re: Stringer's Estate LR Ch 9 - referred to. ·
Law Lexicon Second Edn. page 656; Black's Law
Dictionary 9th Edn., 629 - referred to.
Case Law Reference:
B
1977 (1) SCR 395 Referred to Para 17.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
8410 of 2014. ·
C From the Judgment and Order dated 09.07.2010 of the
High Court for the States of Punjab & Haryana at Chandigarh
in Civil Revision No. 580 of 2005. ·
Jyoti Mendiratta, Sahewa Kumar for the Appellant.
D Arvind Kumar for the Respondent.
The Judgment of the Court was delivered by
T.S. THAKUR, J. 1. Leave granted.
E 2. This appeal arises out of an order dated 9th July, 201 O
passed by the High Court of Punjab and Haryana at Chandigarh
whereby Civil Revision Petition No.580 of 2005 filed by the
appellant has been dismissed and order dated 5th November,
2004 passed by the Rent Controller, Phagwara, dismissing a
F petition under Section 13-B of the East Punjab Urban Land
Restriction Act, 1949 upheld.
3. The suit premises comprise a shop in a building bearing
No.XVl/258/1 situate at Banga Road, Phagwara. It was let out
to the respondent-tenant by the appellant who was born and
G brought up in India but having spent over 30 years in U.K. has
returned in the year 2000 with the intention to settle down and
- establish a hotel at Phagwara his home town. An eviction
petition under Section 13-B of the East Punjab Urban Land
Restriction Act, 1949 was filed by the appellant on the ground
H that as a Non Resident Indian in need of the shop for his own
KAMALJIT SINGH v. SARABJIT SINGH 495
.[T.S. THAKUR, J.]
use, he was entitled to have the same vacated from the A
respondent-tenant.
4. The eviction petition was contested by the respondent
on several grounds including the ground that the appellant was
not a NRI and that the eviction petition was barred by the 8
provisions of Order 2 Rule 2 CPC. It was also contended by
the respondent-tenant that although he was a tenant in
occupation of the premises under the appellant, the sale-deeds
relied upon by the respondent did not relate to the land
underlying the shop in question.
c
5. By an order dated 5th November, 2004, the Rent
Controller c;jismissed the eviction petition filed by the appellant
holding that the appellant had failed to prove his ownership over
the demised premises for a period of five years before the filing
of the eviction petition. The Rent Controller held. that the D
deposition of the witnesses appearing on behalf of the appellant
did not satisfactorily prove that the building comprising the
shops one of which happened to be the suit shop was
constructed on the land purchased by the appellant in·terms of
the two sale-deeds set up by him. The Rent Controller was of E
the view that although the sale-deeds in question had been
proved by the appellant, he had failed to co-relate the sama to
the suit shop or other shops over which he claimed ownersh.ip.
The Rent Controller, therefore, dismissed the eviction petition
no matter the appellant's case that he was an NRI and had F
returned home to set up his own business was accepted.
6. Aggrieved by the judgment and order passed by the
Rent Controller, the appellant filed revision petition No.580 of
2005 before the High Court of Punjab and Haryana at
. Chandigarh. An application for permission to lead additional G
evidence filed by the appellant in the said revision petitio11 to
establish that the sale-deeds proved by the appellant at the trial,
indeed related to the land comprising the shop in dispute was
dismissed by the High Court by its order dated 9th July, 2010
and so also the revision petition. The High Court concurred with H
496 SUPREME COURT REPORTS [2014] 9 S.C.R.
A the view that the appellant had failed to prove that-he was the
owner of the suit shop for more than five years prjor to the filing
of the petition, Ci condition essential for invoking the provisions
of Section 13-B of the 7'.ct. The High Court alsaheld that the
additional evidence sought to be adduced was very much within
B the knowledge of the appellant a.nd could h;we been add~ced
by him if only he was diligent in cfoing so. Additional evidence,
could not, observed the High Co.urt, be allowed to fill up the
lacunae in the appellants' case.
7. Section 13-8 of the. East Punjab Urban Land Restriction
C Act, 1949 reads as under:
"13-B. Right to recover immediate possession of
residential building or scheduled and/or non-
residential building to accrue to Non-resident Indian
D - (1) Where an owner is a Non-Resident Indian and
returns to India and the residential building or scheduled
building and/or non-residential building, as the case may
be, let out by him or her, is required for his or her use, or
for the use of any one ordinarily living with and dependent
E on him or her, he or she, may apply to the Controller for
immediate possession of such building or buildings, as
the case may be:
Provided that a right to apply in respect of such a building
under this section, shall be available only after a period
F 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 owner.
(2) Where the owner referred to in sub-section (1), has
G let out more than one residential building or scheduled
building and/or non-residential building, it shall be open
to him or her to make an application under that sub-
section in respect of only one residential building or one
scheduled building and/or one non-residential building,
H each chosen by him or her;
KAMALJIT SINGH v. SARABJIT SINGH 497
[T.S. THAKUR, J.]
(3) Where an owner recovers possession of a building A
under this section, he or she shall not transfer it through
sate 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 B
be restored the possession of the said building and the
Controller shall make an order accordingly. "
8. A careful reading of the above would show that the same
entitles a Non-Resident Indian who returns to India to demand C
eviction of any residential or non-residential building, as the
case may be, let out by him or her, if the same is required by
such non-resident Indian for his or her use or for the use of any
one ordinarily living and dependant on him or her. In terms of
the proviso, however, the right to seek eviction of the tenant is
available only after a period of five years from the date of such D
Non-Resident Indian becoming owner of any such building. It
is further subject to the condition that any such right shall be
available to a Non-Resident Indian owner of the premises only
once during his life time.
E
9. In terms of sub-section (2) the Non-Resident Indian
owner of the demised premises is entitled to apply.for eviction
from only one residential or one scheduled building or one non-
residential building chosen by him or her. Sub-section (3) .
postulates that if the owner recovers possession of the building F
under Section 13-B but transfers it through sale or any other
' means· or lets the same out before the expiry of a period of five
years from the date of taking possession of the said building,
1
the evicted tenant may apply to the Controller for an order
, directing that he shall be restored the possession of the said G
1
building and the Controller shall make an order accordingly.
There is, therefore, no gainsaying that Section 13-B is a code
by itself for the special category of cases where the landlord
happens to be a non-resident Indian who returns to India and
needs the demised premises for his or her own use or for the
H
498 SUPREME COURT REPORTS [2014] 9 S.C.R.
A use of anyone ordinarily living with and dependant on him or
her. The only limitation on the exercise of the right vested under
Section 13-B (supra) is that the NRI owner must apply for
eviction of the tenant only after a period of five years from the
date he becomes the owner of such a building and that any such
B right shall be exercisable by him only once during his life time
and in respect of one of the several buildings that he may be
owning. The short question that arises in the above backdrop
is whether the appellant had satisfied the above conditions in
the case at hand.
c 10. In support of his claim of ownership over the suit
premises, the appellant places reliance upon two sale-deeds
one dated 10th April, 1985 and the 'other dated 19th April, 1985.
These sale-deed~ have been satisfactorily proved and
accepted at the trial before the Rent Controller. The findings
D recorded by the Rent Controller to that effect are clear and
specific. What is according to the Rent Controller and the High
Court, not established is that the sale-deeds relied upon by the
appellant relate to the land underlying the shops. That view is
not, in our opinion, sound. The reasons are not far to seek. The
E appellant has, in para 1 of the amended eviction petition, made
a specific averment to the effect that the appellant is the owner
of the building bearing No.XVl/258/1, situate at Banga Road,
Phagwara, comprising 15 shops and open courtyard, as
described in the plan attached with the eviction petition. In reply,
F the respondent-tenant has denied the ownership of the appe)lant
over the shop in dispute. It is also denied that there are 15 shops
in the building in dispute. It is, however, admitted by the
respondent that 6 out of the several shops that comprise the
building, are in the possession of the appellant-landlord while
G the remaining are in possession of the tenants each one of them
having a separate provision for ingress and egress. More
importantly, the appellant has in para 2 asserted that the
respondent is a tenant in shop no.4 under the appellant since
the same was demised in 1989 on a monthly rent of Rs.400/-
H . The respondent in reply to the said averment admits that he
KAMALJIT SINGH v. SARABJIT SINGH 499
[T.S. THAKUR, J.]
is in occupation of the shop in dispute but denies that his A
possession relates back to the year 1989. The respondent's
case is that he is in possession of the suit shop since the year
1992 only. Para 2 of the reply to the eviction petition reads:
"2. That para no.2 of the application is correct only to the B
extent that the respondent is in possession of the shop
in dispute. The rest of the para is wrong and incorrect.
The respondent is in possession of the shop in dispute
sine~ 1992 not from 1989, the answering respondents is
not the subletee of the shop in dispute. The respondent
took the shop in dispute on rent and since the day of C
creation of tenancy the respondent works in the shop in
dispute."
11. It is evident from the above that the respondent does ·
not dispute either the jural relationship of landlord and tenant o
between the parties or the rate of rent settled between them.
All that the respondent has asserted is that he has been in
possession of the shop since the year 1992 and not since
1989 as asserted by the appellant. It is also not the case of
the respondent that he is the owner of the suit shop or that he E
had taken the same on rent from anyone other than the appellant.
Such being the position, the question is whether the respondent
can dispute the title of the appellant over the shop assuming
that he was let in possession by the appellant in the year 1992
as asserted by him and not in the year 1989. Our answer is in
F
the negative. We say so because once the respondent admits
that he has been let in possession as a tenant by the appellant
in the year 1992 i.e. more than 10 years before the filing of the
eviction Petition, the requirement of appellant being owner of
the property for more than five years within the meaning of
Section 13-B (supra) would stand satisfied. The respondent G
would then be estopped from denying the title of the appellant
during the continuance of the benefit that he is drawing under
the transaction, between him and the appellant. It is trite that
the doctrine of estoppal is steeped in the principles of equity
H
-
500 SUPREME COURT REPORTS [2014) 9 S.C.R.
A and good conscience. Equity will not allow a person to say one
thing at one time and the opposite of it another time. It would
estop him from denying his pre\i'ious assertion, act, conduct or
representation to say something contrary to what was implied
in the transaction under which he obtained the benefit of being
8 let in possession of the property to be enjoyed by him as a
tenant.
12. Lord Edward Coke, Chief Justice of the Kings Bench
and '17th Century English Jurist explains estoppel thus:
c "Cometh of the French Word 'estoupe', from where the
English word stopped; and it is cafled an estoppels or
conclusion, becaqse a man's own act or acceptance
stoppeth or closet up his mouth to aflege or plead the
truth. " [Co. Litt. 352a]
D
13. Law Lexicon (Second Edition, Page 656) defines
estoppel in the following words:
"An Estoppal is an admission, or something which the
law treats as an equivalent to an admission, of so high
E and conclusive a nature that any one who is affected by
it is not permitted to contradictit. "[11th Edn p. 744 in the
note to the Dutchess of Kingston's case]
''An admission or determination under circumstances of
F such solemnity that the law will not aflow the fact so
admitted to be questioned by the parties or their privies. "
"The preclusion of a person from asserting a fact, by
previous conduct inconsistent therewith, on his own part,
or on the part of those under whom he claims."
G
14. Black's Law Dictionary (9th Edn., page 629) describes
Estoppel as :
''A bar that prevents one from asserting a claim or right
H
KAMALJIT SINGH v. SARABJIT SINGH 501
(T.S. THAKUR, J.]
that contradicts what one has said or done before or what A
has been legally established as true."
15. Section 116 of the Evidence Act deals with estoppel
against tenants and of licensees or persons in possession.
Estoppel under this provision falls in the category of estoppel 8
by contract and is relatively a recent d~velopment. The rule
embodied in Section 116 simply prevents the tenant in
occupation of the premises from denying the title of the landlord
who let him into possession, just as it applies to a mortgagor
or a mortgagee, vendor or a vendee, bailer or a bailee and C
licensor or a licensee. The rationale underlying the doctrine of
estoppel against the tenant's denial of title of his landlord was
stated by Jessel. M.R. in Re: Stringer's Estate, LR Ch 9 as
under:
'Where a man having no title obtains possession of land P
under a demise by a man in possession who assumes
to give him a title as tenant, he cannot deny his landlord's
title. This is perfectly intelligible doctrine. He took
possession under a contract to pay rent -so long as he
held possession under the landlord, and to give it up at E
the end of the term to the landlord, and having taken it
in that way he is not allowed to say that the man whose
title he admits and under whose title he took possession
has not a title. That is .a we/I-established doctrine. ·That
is estoppel by contract." . F
16. There is considerable authority for the proposition both
in India as well as in U.K. that a tenant in po.ssession of the
property cannot deny the title of the landlord. But if he wishes
to do so he must first surrender the possession of the property
back to him. He cannot, while enjoying the benefit conferred G
upon him by the benefactor, question latter's title to the property.
~ection 116 clearly lends itself to that interpretation when it
~ays:
"116. Estoppel of tenant; and of licensee of person in H
502 SUPREME COURT REPORTS (2014] 9 S.C.R.
A
possession.-No tenant of immovable properly, or person
claiming through such tenant, shall, during the
continuance of the tenancy, be permitted to deny that the
landlord of such tenant had, at the beginning of the
tenancy, a title to such immovable property; and no
B person·who came upon any immovable properly by the
licence of the person in possession thereof, shall be
permitted to deny that such person had a title to such
possession at the time when such licence was given."
c 17. A three-Judge of this Court in Sri Ram Pasricha v.
Jagannath and Ors. (1976) 4 SCC 184 reiterated the principle
that a tenant in a suit for possession was estopped from
questioning the title of the landlord under Section 116 of the
Evidence Act. The title of the landlord, declared this Court, even
0 otherwise irrelevant in a suit for eviction of the tenant. The only
exception to the rule of estoppel as stated in Section 116
(supra) may be where the tenant is validly attorned to the
paramount title holder of the property or where that the plaintiff-
landlord had, during the intervening period, lost his title to the
E property. We are not, however, dealing with a case where the
respondent-tenant claims that the property is vested in anyone
else who could be described as the paramount title holder or
there was any extinction of the title of the appellant on any count
whatsoever since the induction of the respondent as a tenant
F into the premises. We need not, therefore, be detained by any
one of those considerations. What is important is that so long
as a jural relationship exists between the respondent-tenant and
the appellant and so long as he has not surrendered the
possession of the premises in his occupation, ·he cannot
question the title of the appellant to the property. The inevitable
G inference flowing from the above proposition would be that (viz-
a-viz the respondent) the appellant was and continues to be the
owner of the premises in question since the year 1992 when
the respondent was inducted as a tenant. Reckoned from the
year 1992 the appellant has established his ownership of the
H premises for a period of five years before the filing of the
KAMALJIT SINGH v. SARABJIT SINGH 503
[T.S. THAKUR, J.]
eviction petition thereby entitling him to invoke the provisions A
of Section 13-B of the East Punjab Urban Land Restriction Act,
1949.
18. We must before parting remind ourselves that Section
13-B is a beneficial provision intended to provide a speedy
B
remedy to NRls who return to their native places and need
· property let out by them for their own requirement or the
requirement of those who are living with and economically
dependent upon them. The,ir position cannot, .therefore, be
worse off than what it would have been if they were not Non-
Resident Indians. If ordinarily a landlord cannot be asked to C
prove his title before getting his tenant evicted on any one of
the grounds stipulated for such eviction, we see no reason why
he should be asked to do so only because he happens to be
a Non-Resident Indian. The general principles of Evidence Act
including the doctrine of estoppel enshrined in Section 116 are D
applicable even to the tenants occupying properties of the Non-
Resident Indians referred to in the Act.
19. The upshot of the above discussion is that the Courts
· below fell in manifest error in holding that the appellant-landlord E
was obliged to prove his title to the property, no matter the
tenant clearly admits the existence of jural relationship of
landlord and tenant between him and the appellant. We have,
in the circumstances no hesitation in re\(ersing the view taken
by the Courts below and in decreeing the eviction petition. F
20. We accordingly allow this appeal, set aside the
judgment and order passed by the Courts below and direct
eviction _of the respondent from the suit premises. Since the
respondent has been in possession of the suit property for a
considerable length of time, we are inclined to grant him G
reas.onable time to do so. We accordingly direct that the
respondent shall have time till 31st March, 2015 to vacate the
premises in question and handover the. peaceful possession
of the same to the appellant subject to the followUig conditions:
H
504 SUPREME COURT REPORTS [2014] 9 S.C.R.
A (1) The respondent files an undertaking in this Court on
usual terms within four weeks.
(2) The respondent deposits arrears of rent, if any, with
the Rent Controller within six weeks from today.
B (3) The respondent pays/deposits with Rent Controller
compensation for use and occupation of the
premises @Rs.2000/- per month w.e.f. 1st
September, 2014 onwards till the date of vacation.
c (4) In the event of the failure of the respondent to
comply with any one of the above conditions, the
order of eviction shall become executable, forthwith.
Nidhi Jain Appeal allowed.
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