Back
ALKA SARIN
Ramesh Kumar – Appellant
Versus
Makhan Lal – Respondent
JUDGMENT
Alka Sarin, J.
The present revision petition has been filed by the landlord challenging the orders dated 08.09.2016 and 16.05.2018 passed by the Rent Controller and the Appellate Authority, respectively, dismissing the ejectment application filed by him.
2. The landlord-petitioner sought eviction of the tenant-respondent inter-alia on the ground of bonafide necessity. It was pleaded that the shop in question (the demised premises) was taken on rent by the tenant-respondent from the landlord-petitioner on 10.04.1990 to 09.04.1991 @ Rs. 18,300/- per annum in which electric fitting and meter was installed by the tenant-respondent at his own expenses and it was agreed that the tenant-respondent shall have no concern with the roof of the demised premises and shall run an electric shop and shall not involve any member or any partner in the said shop and shall not change the nature of the shop nor shall sublet the same. It was further agreed that the tenant-respondent shall hand over the possession of the demised premises to the landlord-petitioner after one year. It was pleaded that the landlord-petitioner was unemployed and that he has no other shop within the municipal limits of
A landlord's claim for eviction based on bonafide necessity is undermined by concealment of material facts and lack of evidence supporting the claim of unemployment.
The court ruled that a landlord's claim for personal use must consider the broader interpretation of 'own use,' allowing for business operations by a son, and established that the eviction petition w....
The landlord's bona fide requirement for personal use, once established, justifies eviction, while the tenant must prove valid reasons for non-occupation.
The landlord's genuine need for the premises and his right to decide the suitability of the premises for his business are crucial in eviction cases under the East Punjab Urban Rent Restriction Act, 1....
The landlord's requirement for eviction should be based on occupation rather than ownership of other properties within the same municipal limits.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
