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ALKA SARIN
Mohinder Kumar – Appellant
Versus
Kishan Lal – Respondent
| Table of Content |
|---|
| 1. facts relevant to ejectment petition (Para 1 , 2) |
| 2. arguments regarding maintainability and ownership (Para 3 , 6) |
| 3. court's analysis on personal necessity and landlord-tenant relationship (Para 5 , 8) |
| 4. personal bona-fide necessity must be proven (Para 9) |
| 5. revision petition dismissed (Para 10) |
Judgment
Mrs. Alka Sarin, J.
The present revision petition has been preferred by the landlord-petitioners against the orders passed by both the Authorities below dismissing their ejectment petition.
2. The brief facts relevant to the present lis are that the landlord-petitioner filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the ‘Haryana Rent Act’) for ejectment of the tenant-respondent from property bearing nos.752 and 752/1, Bich Ki Diggi, Ambala Cantt. It was averred in the ejectment petition that the tenant-respondent took part of property no.752, Bich Ki Diggi, Ambala Cantt. on a rent @ Rs.200/- per month from the grandmother of the landlord-petitioners for his residential purpose and that the electricity and water charges were to be paid by the tenant-respondent. The tenant-respondent agreed
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
A landlord's personal necessity for his son’s business justifies eviction, and the tenant's arguments regarding available space do not negate this need.
The court upheld the ejectment order based on established landlord-tenant relationship and personal necessity, confirming the validity of the lower courts' findings.
The main legal point established in the judgment is the significance of the landlady's testimony and the condition of the premises in determining the grounds for ejectment under Section 13 of the Har....
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