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MEENAKSHI I. MEHTA
Sandeep Jindal – Appellant
Versus
Ajudhya Sagar – Respondent
JUDGMENT :
MEENAKSHI I. MEHTA, J.
Feeling aggrieved by the order handed down by learned Rent Controller, Ludhiana on 10.01.2019, whereby the Rent Petition, as filed by respondents No.1 to 3-landlords (here-in-after to be referred as ‘the landlords’) for seeking eviction of the petitioner and proforma-respondent No.4 from the demised premises, had been allowed on the ground that they (landlords) bona-fidely required these premises for their own use and the petitioner and proforma-respondent No.4 had been granted 02 (two) months’ time to hand over the physical possession of the above-mentioned premises to the landlords and also by the judgment as passed by learned Appellate Authority, Ludhiana on 26.08.2019, qua dismissal of the Appeal moved by the petitioner against the afore-referred eviction order, he (petitioner) has preferred this revision-petition to lay challenge to the same.
2. Shorn and short of unnecessary details, the facts, as emerging from the perusal of the record and culminating in the filing of the present revision-petition, are that the landlords filed the above-said Rent Petition against proforma-respondent No.4 and the petitioner (arrayed as respondents No.1 and 2 res
Landlords have the right to seek eviction for bona fide personal use, and tenants cannot dictate property utilization.
The central legal point established is that the landlord's need for premises expansion, when sufficiently proven, shifts the burden to the tenants to rebut the same.
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
Bona fide personal need persists till final decree despite subsequent vacation/re-letting of other units in multi-storied building; landlord chooses age-suited premises, tenant cannot dictate; subseq....
The need of the landlords for the tenanted premises for providing commercial accommodation to their adult sons for starting independent business is genuine and the finding of the Trial Court does not....
The admission made by the tenants in their written statement can be used as the best evidence against them, and the court upheld the eviction based on the requirement of the premises for personal use....
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