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KARAMJIT SINGH
Tarun Medicos – Appellant
Versus
Mukesh Kumar – Respondent
JUDGMENT
Karamjit Singh, J. (Oral)
This order will dispose of the present civil revision petition filed by the Petitioner-tenant seeking setting aside order of eviction dated 12.10.2022 passed by the Court of learned Rent Controller, Ludhiana whereby the rent petition filed by the Respondent-landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short, "the Act") was allowed and judgment dated 6.10.2023 passed by the Appellate Authority, Ludhiana whereby the appeal filed by the petitioner against the eviction order dated 12.10.2022, has been dismissed.
2. The brief facts of the case are that the Respondent being landlord filed eviction petition against the Petitioner on the ground that the Petitioner took the shop in dispute on rent @ Rs. 18,000/- per annum besides house/property tax and electricity charges and it was settled between the parties that the rate of rent would be increased @ 25% after every 5 years. The Respondent sought eviction of the Petitioner on the ground of non-payment of rent w.e.f. September, 2015 along with house tax and the property in dispute was required by the Respondent for his personal use and occupation as the Respondent is al
Landlords possess the right to evict tenants based on bona fide personal necessity, which is not undermined by their ownership of other properties deemed unsuitable for their intended use.
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
The landlord seeking eviction on the ground of personal necessity must not be in occupation of any other property within the same urban area, as per Section 13 of the Act.
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