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MANJARI NEHRU KAUL
Davinder Kumar Sethi – Appellant
Versus
Babu Rani – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - The petitioner-tenant is impugning the concurrent findings recorded by the Courts below i.e. Rent Controller and Appellate Authority, Ferozepur vide which he was ordered to be evicted from the demised shop (as detailed in para 2 of the judgment of the Rent Controller).
Parties to the lis hereinafter shall be referred to by their original positions in the rent petition.
2. The landlady filed eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act') on the grounds (i) that the tenant had failed to pay the arrears of rent from July, 2011 till date and had also not paid the house tax as well as the water tax charges despite her repeated requests to him (ii) that the landlady required the shop for the necessity of her son Kushal Pal, aged 23 years, who after completing his diploma in Computer Engineering had been unable to secure any job. Hence, the landlady wanted to settle him by setting up a shop of computer and mobile accessories, so that he could not only earn his livelihood but also maintain himself as well as his mother i.e. the landlady. Besides this, it was also averred by the landlady tha
The presumption of the genuineness of the landlord's requirement unless proven otherwise and the consideration that technicalities in pleading statutory ingredients would not be a ground by itself to....
In exercising revisional jurisdiction, the Court cannot interfere with the findings of fact recorded by the lower courts unless such findings are blatantly perverse or would result in gross miscarria....
'Propriety' does not confer power upon High Court to re-appreciate evidence to come to a different conclusion, but its consideration of evidence is confined to find out legality, regularity and propr....
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
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,....
Tenants denying landlord-tenant relationship cannot seek rent assessment; landlady's bona fide need for eviction upheld.
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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