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ARUN MONGA
Kalra Cloth House – Appellant
Versus
Ishar Dass (Deceased) Through LRs – Respondent
| Table of Content |
|---|
| 1. landlord's need for eviction (Para 2) |
| 2. arguments regarding bona fide necessity (Para 6 , 7) |
| 3. court's acceptance of evidence (Para 8 , 9 , 10 , 11 , 12) |
| 4. judgment upheld, eviction order (Para 13 , 14) |
JUDGMENT
Arun Monga, J. (Oral)
CM-9768 & 14530-CII-2022
For the reasons stated in applications, same are allowed. Documents are taken on record, subject to all just exceptions
Main case
Petition herein is for setting aside order dated 04.01.2013 whereby petition under Section 13 of East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for ejectment of revisionists from the portion of shop of Building No.B-XX-554, Ghumar Mandi, Ludhiana, was allowed on the ground of personal necessity and revisionists were directed to vacate the said premises from the date of said order. Further, prayer is made to set aside order dated 30.10.2013, whereby appeal filed by revisionists against impugned order was also dismissed.
2. Succinct facts first, as pleaded in the instant petition.
2.1. Revisionists herein took a portion of the demised premises i.e., property No. B-XX -554, Ghumar Mandi, Ludhiana initially on rent @ Rs.15/- per month as far back in
The landlord's bonafide requirement for commercial use of residential property is valid if tenants are already using it commercially, and previous dismissals do not bar new petitions based on new evi....
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