KARAMJIT SINGH
Mohhamed Ilyas – Appellant
Versus
Mohammed Nazir – Respondent
JUDGMENT
Karamjit Singh, J. (Oral)
This order will dispose of the present civil revision petition filed by petitioner/tenant Mohhamed Ilyas for setting aside the eviction order dated 31.3.2016 passed by the Court of Rent Controller, Malerkotla, whereby the rent petition filed by respondent/landlord under Section 13 of the East Punjab Urban Rent Restrictions Act, 1949 (in short the Act) was accepted and judgment dated 16.3.2023 passed by the Appellate Authority, Sangrur whereby the appeal filed by petitioner against the eviction order dated 31.3.2016 has been dismissed.
2. The brief facts of the case are that the respondent filed an ejectment petition under the Act against the petitioner seeking his eviction from shop in question on the grounds of non-payment of rent, house tax and personal necessity as the rented premises is required by the respondent to settle his son, who has completed his studies.
3. The rent petition has contested by the petitioner, who filed written reply wherein the relationship of landlord and tenant between the parties was admitted but the other averments of the rent petition were denied.
4. The learned Rent Controller framed the following issues:-
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.
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