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2023 Supreme(P&H) 3159

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA, J.
Smt. Vijay Luxmi – Petitioner
Versus
Hukum Chand – Respondent
CR-4245 of 2015 (O&M)
Decided On : 29-03-2023

Advocates Appeared:
Mr. Divanshu Jain, Advocate; For the Petitioner
Mr. Amit Jaiswal, Advocate; For the Respondent

Headnote:(A) Haryana Urban (Control of Rent & Eviction) Act, 1973 - Section 13 - Ejectment petition - Revision petition filed by landlord against order of Appellate Authority setting aside Rent Controller's decision - Court held that the landlord's requirement for personal use was bona fide and not merely a desire - Personal necessity established with cogent reasons, supported by evidence of familial ties and prior successful evictions of other tenants. (Paras 1, 4, 12, 14)

(B) Appeal - The authority emphasizes the landlord's discretion in determining the necessity for accommodation and clarifies the distinction between bona fide requirement and mere desire. (Paras 8, 11)

Facts of the case:
Landlord sought eviction for personal occupation after retirement, citing loneliness and familial connections in the area; previous instances of success in ejecting other tenants were noted.

Findings of Court:
Court established legitimate personal need despite the existing accommodation being larger, overriding Appellate Authority's conclusion that such need was not substantiated.

Issues: Main issues included the assessment of bona fide personal necessity and the comparative living arrangements of the landlord and tenant.

Ratio Decidendi: The court affirmed the principle that tenants cannot dictate landlords' residential choices; personal necessity must be respected as per established legal precedents.

Result: Revision petition allowed, setting aside the Appellate Authority's order.

Table of Content
1. overview of the ejectment petition process. (Para 1 , 2 , 3)
2. petitioner's necessity to move based on personal circumstances. (Para 4)
3. respondent's opposition to the eviction claims. (Para 5)
4. court's assessment of evidence in the appellant's favor. (Para 7 , 8)
5. distinguishing case law regarding bona fide requirements. (Para 9 , 10 , 11)
6. judicial affirmations of landlord's rights in eviction cases. (Para 12 , 13 , 14)
7. final judgment and terms for eviction. (Para 15 , 16 , 17 , 18)

JUDGMENT

Nidhi Gupta, J.

Present Revision Petition has been filed by the landlord seeking setting aside of judgment dated 02.03.2015 passed by learned Appellate Authority, Ambala, whereby order dated 24.12.2012 passed by learned Rent Controller, Ambala allowing ejectment petition filed by the petitioner has been set aside.

2. Brief facts of the case are that the petitioner-landlord had filed an ejectment petition (Annexure P1) under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as "the Act") against the respondent/tenant for his ejectment from the "entire first floor, and tin shed (barsati) of second floor, of House No.1520/1, Tota Mandi, Kacha Bazar, Ambala Cantt." (hereinafter referred to as "the demised premises"). The petitioner filed said ejectment petition inter alia, on the ground that she required the demised premises for her personal use and occupation/bona fide personal necessity, and on ground of non-payment of rent. The respondent duly appeared before the learned Rent Controller and filed written statement dated 15.09.2009 (Annexure P2), to which the petitioner filed replication dated 01.10.2009 (Annexure P3).

3. Vide order dated 24.12.2012, learned Rent Controller had allowed the ejectment petition of the petitioner, against which the respondent preferred an appeal before the learned Appellate Authority, Ambala. Vide impugned judgment dated 02.03.2015, learned Appellate Authority, Ambala allowed respondent's appeal. Hence, present Revision Petition.

4. It is inter alia submitted by learned counsel for the petitioner:

    i) that it was the pleaded case of the petitioner before the learned Rent Controller that after her retirement on 30.09.2007 from service in the Punjab Government, she along with her family members, consisting of her son and daughter, is living at Mohali. However, she and her family members did not feel at home in Mohali and thus, wanted to shift to their native house at Ambala Cantt. where her other relatives i.e. sister-in-law (nanad), Jeth and Jethani are also living;

    ii) that petitioner's husband had also expired on 04.12.2009 and therefore, she along with her children wanted to shift to Ambala as she was lonely in Mohali;

    iii) that ground floor of the building in question forming part of House no. 1520, consisted of 4 rooms, which had been in the occupation of other tenants. The petitioner had filed separate ejectment petitions against the tenants of these four rooms, on similar grounds of bona fide personal necessity after retirement. All the above said ejectment petitions had been allowed by learned Rent Controller and even appeals there-against filed by tenants were dismissed by learned Appellate Authority. Even Revision Petitions filed by said tenants have been dismissed by this Court vide order dated 09.07.2015 passed in Civil Revision No.3262 of 2015, and order dated 19.10.2015 passed in Civil Revision No.4943 of 2015. These orders have attained finality as the same were not challenged by the tenants therein;

    iv) that it is only in the present case that the learned Appellant Authority has reversed the well-reasoned and cogent findings returned by learned Rent Controller without appreciating the evidence on record. It is submitted that the said impugned judgment is contrary to the established legal position in this regard as, the Learned Appellate Authority has set aside the order passed by learned Rent Controller on the ground that the hou

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