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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Suresh Chander – Appellant
Versus
Anil Gogna (Since Deceased) Through His Lrs – Respondent
JUDGMENT :
Deepak Gupta, J.
1. This is landlords' revision petition against the order of reversal in an ejectment case.
2. A petition under Section 13 of the East Punjab (Urban Rent Restriction) Act, 1949 was filed by the landlords Suresh Chander and his wife Smt. Urmila Sharma (petitioners herein) seeking ejectment of tenant Anil Gogna from the demised premises i.e. House No. 1811, Mohalla Ariana Wala, Manimajra, U.T. Chandigarh, consisting of two rooms and a kitchen on the ground floor, as shown in the enclosed site plan with letters ABCD, on the ground of non-payment of arrears of rent and bonafide necessity of the petitioners. During pendency of the petition, the tenant Anil Gogna expired and his legal heirs were brought on record.
3. The ejectment petition was accepted by the learned Rent Controller vide order dated 20.12.2017 on the ground of bonafide need of the landlords. However, the appeal filed by the tenant Anil Gogna (through his LRs), was accepted by learned Appellate Authority vide his order dated 07.12.2019, thus, rejecting the ejectment petition.
4. Assailing the above-said reversal, it is contended by learned counsel for the landlords (petitioners herein) that though
Landlords have the discretion to determine the necessity of their premises, unencumbered by tenant objections or court interference.
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 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....
The central legal point established is that the landlord's need for premises expansion, when sufficiently proven, shifts the burden to the tenants to rebut the same.
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