Back
NIDHI GUPTA
Baldev Raj – Appellant
Versus
Muni Lal – Respondent
JUDGMENT
Ms. Nidhi Gupta, J.
Present Revision Petition has been filed by the tenant seeking setting aside of impugned judgment dated 21.04.2018 passed by learned Appellate Authority, reversing judgment dated 02.11.2016 passed by learned Rent Controller, Gurdaspur, whereby application filed by respondent-landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act") was dismissed.
2. Brief facts of the case are that respondent-landlord filed eviction application dated 26.03.2013 (Annexure P1) seeking eviction of petitioner from shop in question/demised shop, on grounds of non-payment of rent and personal necessity. Upon notice, petitioner appeared and filed written statement in which it was categorically pleaded by him that rent petition was liable to be dismissed on ground of concealment of material facts as respondent-landlord was in possession of a shop which was situated at a distance of 15-20 feet away from the demised shop. It was further averred in the written statement that during the pendency of rent petition, respondent had sold the other shop vide sale deed dated 29.09.2014 (Exhibit R1/Annexure P2). Accordingly, learne
A landlord seeking ejectment must clearly establish bona fide personal necessity, and concealment of other properties does not negate this requirement.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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 court ruled that a landlord's claim for personal use must consider the broader interpretation of 'own use,' allowing for business operations by a son, and established that the eviction petition w....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
