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ANIL KSHETARPAL
Vishal Sarees And Dresses – Appellant
Versus
Maninder Kaur – Respondent
JUDGMENT
Anil Kshetarpal, J. - This order shall dispose of 11 civil revision petitions filed by the tenants of same landlords. Learned counsel representing the parties are ad idem that these petitions can be disposed of by a common judgment.
2. The petitioners in the various petitions have been ordered to be evicted by the Rent Controller as well as the appellate authority. Their eviction has been ordered on the ground that the landlords require the premises for their bonafide requirement.
3. Heard the learned senior counsel representing the respective parties and with their able assistance perused the judgments as well as the record of the courts below.
4. Learned senior counsel representing the petitioners has referred to the facts from CR-6665-2016.
5. There are as many as 12 co-owners of showroom no.55-56, Sector 17-C, Chandigarh. The petitioners (tenants) are in possession of the different portions thereof. The landlords sought eviction on the ground that in the entire building, now they wish to start a joint venture under the name and style of M/s Malwa Stores and Services in the entire building. For that purpose, they have prepared a project report and arranged funds.
6. While fil
Substantive compliance with pleading requirements and limited scope of interference in revision petitions under the East Punjab Urban Rent Restriction Act, 1949.
The landlord cannot be non-suited merely for want of necessary pleadings as regards ingredients under the Rent Act if those have been pleaded in rejoinder and proved on record in the evidence.
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 main legal point established in the judgment is that a party cannot be non-suited on the ground of non-pleading of necessary ingredients in a statutory provision if the opposing party fails to ra....
The main legal point established in the judgment is that in eviction cases based on bonafide personal necessity, the landlords must prove their bonafide requirement and comply with the necessary plea....
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