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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Vishu Middha – Appellant
Versus
Shree Gurudwara Singh Sabha (Regd.) Abohar through its President – Respondent
| Table of Content |
|---|
| 1. purpose of eviction petitions and initial facts. (Para 1 , 2) |
| 2. arguments against eviction based on personal necessity. (Para 10 , 12) |
| 3. court's affirmation of landlord's needs. (Para 20 , 22) |
| 4. final ruling on revision petitions. (Para 34) |
JUDGMENT :
VIKRAM AGGARWAL, J.
The afore-titled 11 revision petitions arise out of separate eviction petitions instituted by the same landlord (Shree Gurudwara Singh Sabha (Regd.), Abohar), against different tenants occupying shops forming a part of the same premises. Since the parties to the lis are the same and all revision petitions involve common questions of law and facts, the same are being decided together by this common judgment.
2. Facts shall be detailed from CR-5931-2024 (titled as Vishu Middha Vs. Shree Gurudwara Singh Sabha (Regd.). However, reference to relevant facts qua the other petitions shall be made at the appropriate place.
3. Shree Gurudwara Singh Sabha (Regd.), Abohar (hereinafter referred to as the ‘landlord’) instituted a petition under Section 13 of the East Punjab urban Rent Restriction Act, 1949 (hereinafter referred to as the ‘Rent Act’) seeking eviction of the petitioner/tenant (Vishu Middha) (hereinaf
Landlords have the authority to determine their premises' use based on bona fide needs, and tenants cannot dictate alternatives.
The jurisdiction to adjudicate eviction cases for authorized tenants remains valid under the Rent Act even with the enactment of benefitting laws for landlords.
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 eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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