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TRIBHUVAN DAHIYA
Kanwaljit Singh – Appellant
Versus
Sukhjinder Singh – Respondent
JUDGMENT
Tribhuvandahiya, J. - This is tenant's revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act of 1949').
2. The facts of the case in brief are, the respondent/landlord (hereinafter referred to as 'landlord') filed ejectment application under Section 13 of the Act of 1949 against the petitioner/tenant (hereinafter referred to as 'tenant') from the demised premises/shop in question on the grounds of non-payment of arrears of rent and personal necessity. The tenant took the shop on rent on 03.01.1997 at the rate of Rs. 2,000 per month. He was stated to be in arrears thereof w.e.f. April, 1999 till filing of the ejectment application on 06.10.2014, and, therefore, was liable to be evicted from the shop. It was also pleaded that the shop was required by the landlord for his urgent need as he wanted to use and occupy the same as office for the adjoining shop, and he had no other shop or office in the building concerned nor had he vacated any shop after commencement of the Act.
3. The tenant appeared before the Rent Controller and admitted the relationship of landlord and tenant between the parties. He, however,
The landlord's bona fide need for the demised premises and the tenant's liability to pay rent were crucial in determining the outcome of the case.
The landlord's requirement for eviction should be based on occupation rather than ownership of other properties within the same municipal limits.
The landlord seeking eviction on the ground of personal necessity must not be in occupation of any other property within the same urban area, as per Section 13 of the Act.
The landlady's bona fide necessity for the premises, supported by evidence and testimony, was upheld by the court.
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
Substantive compliance with pleading requirements and limited scope of interference in revision petitions under the East Punjab Urban Rent Restriction Act, 1949.
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