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High Court of Punjab and HaryanaCR/3471/2011dismissed

Ashok Kumar Sood v. Rana Manoranjan Singh

2023-03-15Mrs. Justice Alka Sarin2 pages

2023:PHHC:039046

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-3471-2011(O&M) Date of Decision : 15.03.2023 Ashok Kumar Sood ....Petitioner

VERSUS

Rana Manoranjan Singh ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Subhash Ahuja, Advocate for the petitioner. Mr. Sudhir Paruthi, Advocate for the respondent. -.- ALKA SARIN, J. (Oral) On 27.05.2011 the following order was passed : "CM Nos.13679 and 13680-CII of 2011 Allowed as prayed for .

CR No. 3471 of 2011 (O&M) Learned counsel for the petitioner, inter-alia, contends that the case set up by the landlord is that he is 'Overseas Citizen' of India. He submits that this matter is sub-judice before the Supreme Court as to whether 'Overseas Citizen' falls within the purview of Section 2 (dd) of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act').

Notice of motion for 25.7.2011.

Till then, dispossession of the petitioner shall remain stayed."

TRIPTI SAINI 2023.03.16 10:13 I attest to the accuracy and integrity of this document Chandigarh

2023:PHHC:039046 CR-3471-2011(O&M) -2The limited point raised by the learned counsel of the petitioner in the present was whether an 'Overseas Citizen of India' would fall within the purview of Section 2(dd) of the East Punjab Urban Rent Restriction Act. 1949. The learned counsel for the respondent states that the Supreme Court in the case of Ram Krishan Grover & Ors. Vs. Union of India [2019(2) RCR (Rent) 703] has held that a person of Indian origin holding a foreign passport falls within the definition of a NRI. Learned counsel for the petitioner states that no other point arises in the present case.

In view of the above and in view of the law laid down by the Supreme Court in the case of Ram Krishan Grover (supra), the present revision petition is dismissed. Pending applications, if any, also stand disposed off.

March 15, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO TRIPTI SAINI 2023.03.16 10:13 I attest to the accuracy and integrity of this document Chandigarh