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ANIL KSHETARPAL
J. S. International – Appellant
Versus
Jaswinder Kaur Sidhu – Respondent
JUDGMENT
Anil Kshetarpal, J.
Two connected civil revisions, one filed by the tenant, whereas the other filed by the landlord have come up for final disposal.
2. CR No.78 of 2022 has been filed by the landlords in order to challenge the order dated 21.05.2014, passed by the Rent Controller, while dismissing the petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the 1949 Act'), which in appeal was affirmed by the Appellate Authority vide order dated 30.09.2021.
3. CR No.3174 of 2022 has been filed by the tenant to challenge the correctness of concurrent orders passed by the Rent Controller which in appeal was affirmed by the Appellate Authority while allowing landlady's petition under Section 13B of the 1949 Act while ordering eviction of the tenant-petitioner from the front portion of the first floor measuring 450 square feet approximately with common bathroom of SCO 33, Sector 33-D, Chandigarh.
4. At the relevant time, the provisions of the 1949 Act were applicable to the area of Chandigarh. Under Section 13 of the 1949 Act, various grounds on which the landlord is entitled to seek eviction of the tenant have been enlisted. S
Eviction petitions under the East Punjab Urban Rent Restriction Act require landlords to demonstrate bona fide necessity, with limited appellate review when concurrent findings exist.
The limitations and entitlements outlined in Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, regarding the recovery of immediate possession by a non-resident Indian owner, and the s....
Ejectment petitions under Section 13-B of the 1949 Act may contain ancillary claims, and landlords have discretion over their property needs, regardless of tenant opposition.
The court emphasized the importance of the Rent Controller considering the assertions made in the tenants' affidavit when determining their entitlement to leave to contest an eviction petition.
Tenants cannot contest eviction on grounds of non-pleaded necessary ingredients if not raised earlier, preserving the landlord's rights and addressing bona fide needs.
The recurring nature of the landlord's bona fide requirement justifies granting liberty to withdraw the eviction petition and file a fresh one on the same cause of action.
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