The High Court of Punjab and Haryana dismissed a revision petition regarding eviction, relying on Supreme Court precedent that OCI holders are defined as NRIs, thus not covered by the specific overseas citizen exemption under the RERA Act.
Revision petition dismissed; pending applications disposed off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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)
-2-
The 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
3 issues framed by the court
Whether an 'Overseas Citizen of India' falls within the definition under Section 2(dd) of the East Punjab Urban Rent Restriction Act, 1949.
Whether the definition of NRI includes a person of Indian origin holding a foreign passport.
Whether the revision petition restricting dispossession should be allowed in light of Supreme Court precedent on OCI status.
Colour shows how this judgement treated each authority
Ram Krishan Grover & Ors. Vs. Union of IndiaRelied on¶25
Ram Krishan Grover & Ors. Vs. Union of India [2019(2) RCR (Rent) 703]
1 provisions across 1 enactments
Ashok Kumar Sood
Rana Manoranjan Singh
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
