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DEEPAK GUPTA
Satish Kumar Soni through his LRs – Appellant
Versus
Dimpy Malhotra – Respondent
JUDGMENT :
Mr. Deepak Gupta, J.:- Two different tenants, namely, Satish Kumar Soni and Sudarshan Sharma (petitioners herein) of two adjoining shops forming part of the same property, owned by same landlord Smt. Dimpi Malhotra (respondent herein), have approached this Court by way of the present revisions, assailing the ejectment orders passed against them by learned Rent Controller, Ludhiana, and as affirmed by the Appellate Authority.
2. None of the counsels have any objection to hear and decide both these petitions together, as similar evidence has been produced in both the cases.
3. In order to avoid confusion, parties shall be referred as per their original status i.e. ‘landlord’ or ‘tenant’.
4. In the two ejectment petitions filed by landlord - Dimpi Malhotra on the same date in March, 2010, it was pleaded that Sardar Didar Singh and Sardar Shamsher Singh used to be owners of the property No. B-XIX/392 Maharani Jhansi Road, Ghumar Mandi, Civil Lines, Ludhiana. They had rented out one shop each (tenanted/demised shops) to the two respondents on monthly rent of Rs.700/- each, as per details given in para No.1 of the two petitions. The entire property i.e. B-XIX/392 Maharani Jhansi R
The landlord's bonafide requirement for commercial use of residential property is valid if tenants are already using it commercially, and previous dismissals do not bar new petitions based on new evi....
Tenants denying landlord-tenant relationship cannot seek rent assessment; landlady's bona fide need for eviction upheld.
Landlords must substantiate bona fide need for occupancy. Statutory provisions mandate proving availability of alternatives for tenants, with courts constrained in reconsidering factual findings.
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 bona fide requirement for landlord's premises must be substantiated with evidence, and landlords retain the right to determine their needs for personal or business use.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
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