The Punjab and Haryana high court has held that a foreign citizen or a person born outside India on return could get his properties vacated in Punjab.
The high court bench of justice Ajay Tewari, while disposing of a bunch of petitions held that a person who was born abroad could also be covered under the clause ‘permanently or temporarily settled’. Also, a person who travels to his place of origin (albeit for the first time in life) can always be said to ‘return’, the high court bench said while interpreting Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, and the Punjab Rent Act, 1995.
The high court bench is hearing a bunch of petitions on disputes between landowners and tenants on vacation of properties. The matter on similar law points are pending before the Supreme Court as well. But for now, the high court has given relief to NRIs, Kunal Mulwani, one of the lawyers associated with the case, said. HTC