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NIDHI GUPTA
Vijay Luxmi – Appellant
Versus
Hukum Chand – Respondent
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 o
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....
The main legal point established in the judgment is that a holder of a foreign passport can be considered an NRI under the Act, and the landlord's personal necessity is best judged by the landlord.
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
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