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ALKA SARIN
Meena Arora – Appellant
Versus
Sudarshan Singh – Respondent
JUDGMENT
Mrs. Alka Sarin, J.
This is a tenant's revision against the orders passed by both the Authorities ordering her eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (Rent Act).
2. As per the landlord-respondent he is the owner/landlord of the house in question. The tenant-petitioner was inducted as a tenant on the second floor from 01.08.2006 at a monthly rent of Rs. 1500/- per month with an increase of 10% every year. The tenancy was oral. It was pleaded that the two children of the petitioner are married and his family has expanded and accommodation with him is insufficient and he needs the accommodation for his personal use to accommodate himself, his children along with their spouses. The ground of non-payment of rent was also raised. The tenant-petitioner contested the ejectment application and filed a written statement taking the plea that the landlord-respondent was not the owner of the property in question, the tenant-petitioner was being pressurized by two persons who were claiming rent from her - one was the landlord-respondent and the other was one Mr. Tirth also known as Harcharan Singh. It was averred that the landlord-respondent had not
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
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 heavy burden on the tenant to prove that the landlord's requirement is not genuine and the special rights granted to NRI landlords under Section 13-B of the Act.
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.
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