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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Vikas Bahl
Beant Kumar – Appellant
Versus
Shree Sanatan Dharam Sabha (Regd.) – Respondent
JUDGMENT :
Vikas Bahl, J.
This is a revision petition filed under Article 227 of the Constitution of India read with Section 15 (5) of The East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as 'the Act of 1949') for setting aside order dated 09.02.2024 passed by the Rent Controller in "RP No. 32/2016" wherein preliminary issue i.e. Issue No. 9 "Whether the Jurisdiction of this Rent Tribunal is barred under Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997?" has been decided against the petitioners/tenants.
ARGUMENTS ON BEHALF OF THE PETITIONERS
2. Learned counsel for the petitioners has submitted that in the present case, the respondent which filed the eviction petition under Section 13 of the Act of 1949 for ejectment of the present petitioners from the shop in question, is a Religious and Charitable Institution and the said fact is apparent from the Constitution of Shri Sanatam Dharam Sabha (Regd.), which has been annexed as Annexure P-7. It is submitted that the fact that respondent-Sabha is a Religious and Charitable Institution has also been admitted by Sh. Abhey Singla, who is the President of the respondent-Sabha, in his statement w
The jurisdiction to adjudicate eviction cases for authorized tenants remains valid under the Rent Act even with the enactment of benefitting laws for landlords.
Landlords have the authority to determine their premises' use based on bona fide needs, and tenants cannot dictate alternatives.
Misquoting the wrong provision or non-mentioning of any provision would not be sufficient to take away the jurisdiction of the court.
The Punjab Rent Act, 1995 provisions regarding lease registration are directory, allowing eviction petitions to proceed despite non-registration of lease deeds.
The court affirmed that a Non-Resident Indian landlord can seek eviction under Section 13B of the East Punjab Urban Rent Restriction Act, 1949, if bona fide need is established.
The court's decision was influenced by the applicability of the 1995 Act and the grounds for eviction under the East Punjab Urban Rent Restriction Act, 1949.
Ejectment petitions under Section 13-B of the 1949 Act may contain ancillary claims, and landlords have discretion over their property needs, regardless of tenant opposition.
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