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ALKA SARIN
Manoj Kumar – Appellant
Versus
Jitender Kumar – Respondent
JUDGMENT (Oral)
Alka Sarin, J.
The present revision petition has been preferred by the tenant-petitioner challenging the eviction order dated 15.01.2014 passed by the Appellate Authority, and the order dated 21.10.2011 passed by the Rent Controller with respect to the findings on Issue Nos.2 and 3.
2. The brief facts relevant to the present case are that the landlord-respondent filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for eviction of the tenant-petitioner on the ground of arrears of rent and bonafide personal necessity of his son. It was pleaded by the landlord-respondent that he was ex-partner/co-owner of M/s Sewak Metal Industries, Jaroda Gate, Jagadhri and was the landlord. The petitioner was a tenant in the demised premises at a monthly rent of Rs. 990/- including house tax and that there existed relationship of landlord and tenant. It was further averred that the tenant-petitioner was in arrears of rent for a period of 12 months w.e.f. 01.12.2006 to 31.11.2007 amounting to Rs. 11,880/- besides interest and costs. It was further the case that the landlord-respondent has one son namely Jatin who had completed his education and
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 emphasized the importance of proving bonafide necessity for eviction and highlighted the significance of raising all relevant arguments before the lower authorities.
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
A landlord's bona fide need for premises can justify eviction, and tenants cannot dictate the suitability of a landlord's chosen location for their business.
The court upheld the ejectment order based on established landlord-tenant relationship and personal necessity, confirming the validity of the lower courts' findings.
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