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MANJARI NEHRU KAUL
Rakesh Sondhi – Appellant
Versus
Ramesh Kumar – Respondent
JUDGMENT
Manjari Nehru Kaul, J.(Oral) - CM-7792-CII-2022
1. Application is allowed as prayed for and copy of impugned order dated 24.10.2016 passed by Rent Controller, Mukerian is taken on record subject to all just exceptions.
Main case
2. Instant revision petition has been preferred by the petitionerlandlord to impugn the orders dated 24.10.2016 passed by Rent Controller, Mukerian and 18.11.2021 passed by Addl. District Judge-cum-Appellate Authority, Hoshiarpur vide which his petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred as 'the Act') for the ejectment of the respondent-tenant from the shop in dispute was dismissed.
3. In the petition filed by the petitioner-landlord under Section 13 of the Act, the petitioner claimed that he was the exclusive owner of the demised shop, which had fallen to his exclusive share in family settlement. His father had rented out the demised shop to the father of the respondenttenant @ Rs.500/- per month in the year 1996. After the death of his father, the respondent-tenant had inherited the tenancy of demised shop at the rate of Rs.900/- per month. The petitioner-landlord claimed that he was a qualified
The main legal point established is that a claim of bonafide personal necessity for ejectment of a tenant must be supported by convincing and genuine evidence, especially when the petitioner has an e....
The central legal point established in the judgment is the stringent requirements for ejectment of a tenant by an NRI landlord under Section 13-B of the Act, 1949, and the presumption in favor of the....
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The landlady's bona fide necessity for the premises, supported by evidence and testimony, was upheld by the court.
The landlord's requirement for eviction should be based on occupation rather than ownership of other properties within the same municipal limits.
The main legal point established in the judgment is that a holder of a foreign passport can be considered an NRI under the Act, and the landlord's personal necessity is best judged by the landlord.
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.
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