Back
AMARJOT BHATTI
Chander Kanta – Appellant
Versus
Mool Chand Rajinder Kumar – Respondent
JUDGMENT
Ms. Amarjot Bhatti, J.
The petitioners - Chander Kanta, Dinesh Kumar, Harish Kumar and Jatinder Kumar - all legal heirs of late Ashwani Kumar have filed civil revision against impugned judgment dated 09.12.2006 passed by Appellate Authority, Moga vide which the appeal preferred by Mool Chand Rajinder Kumar through Sh. Vijay Kumar, Sole Proprietor and in his personal capacity was accepted and the ejectment order passed by the Rent Controller, Moga vide order dated 11.03.2006 was set aside.
2. As per the facts of the case, the present petitioners are the legal heirs of Ashwani Kumar who had initially filed the ejectment petition against the respondents. During the pendency of that ejectment petition, Ashwani Kumar had expired and his legal heirs i.e. the present petitioners were impleaded as party to this case. The facts of the case are that Ashwani Kumar filed petition under Section 13 of East Punjab Urban Rent Restriction Act for the ejectment of respondents from the premises being ground floor of the property bearing Municipal No. B-VIII-515, situated at Old Grain market with the boundaries as detailed in the petition. It is claimed that petitioner Ashwani Kumar is the l
The central legal point established in the judgment is the genuine and bonafide need of the landlord for the shop under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973.
The landlord's bona fide requirement for personal use, once established, justifies eviction, while the tenant must prove valid reasons for non-occupation.
Landlords are entitled to seek eviction based on personal necessity and change of user, and tenant's unauthorized use undermines property value, justifying eviction.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
Tenants denying landlord-tenant relationship cannot seek rent assessment; landlady's bona fide need for eviction upheld.
A landlord under the East Punjab Urban Rent Restrictions Act can seek eviction for non-payment of rent and bonafide necessity, regardless of ownership status, as long as the landlord-tenant relations....
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
