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RAJBIR SEHRAWAT
Vimal Jindal – Appellant
Versus
Surinder Singh Dhillon – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral)
This shall dispose of two civil revision petitions filed by the petitioner/tenant against the judgment dated 09.10.2014 passed by the Rent Controller, Chandigarh and the judgment dated 20.01.2016 passed by the Appellate Authority, Chandigarh, because both are arising between the same parties; though from the two different eviction petitions but relating to two different portions of the same premises. Civil Revision No.2095 of 2016 relates to eviction from Shop No.3015 out of the premises comprised in SCO No.3015-3016, Sector 22D, Dakshin Marg, Chandigarh and Civil Revision No.2096 of 2016 relates to the basement portion of the SCO No.3015-3016 mentioned above. Since the facts are also almost common, therefore, the same are being taken from Civil Revision No.2095 of 2016.
2. For the purpose of the present petitions, the parties would be referred to as they were described in the original eviction petition filed before the Rent Controller.
3. The brief facts, as pleaded in the present petitions, are that landlords had rented out the premises in question to a partnership firm constituted by the present-petitioner along with two other persons, namely, V
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 landlord cannot be non-suited merely for want of necessary pleadings as regards ingredients under the Rent Act if those have been pleaded in rejoinder and proved on record in the evidence.
The requirement of the landlord for eviction must be judged based on the circumstances at the time of filing the petition, and subsequent events do not affect the bonafide need established by the lan....
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