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ANIL KSHETARPAL
Bhagwan Dass (deceased) Through Lrs. – Appellant
Versus
Sethi The Fashion People – Respondent
JUDGMENT
Anil Kshetarpal, J. - Two Civil Revision Nos.6988 and 6989 of 2010, filed by a common landlord against the same tenant shall stand disposed of. The learned counsel representing the parties are also common and the arguments were addressed jointly. In fact, two different rent petitions filed by the petitioner who has now died, with respect to two different shops, which are separated by a 10 ft. wide passage against a common tenant were consolidated by the Rent Controller on 10.05.2002, after noticing that the ground on which the eviction has been sought, is common. Both the rent petitions were disposed of by the Rent Controller by a common judgment ordering eviction of the tenants. By the same judgment two appeals filed by the tenant were allowed, assailing the correctness of which two revision petitions have been filed.
2. In the considered opinion of the Court, the following issues arise for adjudication:-
1. Is it mandatory to plead and prove that the immediate relatives for whose bonafide requirement the ejectment has been sought are dependant on the landlord?
2. Whether eviction of tenant from the non-residential building with regard to the bonafide necessity for commercial
The judgment emphasized the bonafide requirement of the landlord for eviction from a non-residential building for commercial purposes, interpreting Section 13 of the East Punjab Rent Restriction Act,....
The landlord’s bona fide requirement for property within the Haryana Rent Act is validated when supported by substantial evidence about dilapidated conditions and genuine business intentions.
Pre-amendment eviction petitions from non-residential premises maintainable retrospectively due to Supreme Court on Article 14 violation. Landlord's bonafide need for prime own shops upheld despite r....
The crucial date for deciding the bona fide requirement of the landlord is the date of filing of the petition.
A landlord's bona fide need for premises under the Delhi Rent Control Act can be established regardless of age or financial independence of family members, as familial ties justify eviction claims.
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
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