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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Ashwani Kumar – Appellant
Versus
Pawan Kumar (Since Deceased) – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. Challenge in the present revision petition is to the judgment dated 14.07.2022 passed by the Rent Controller, Jalandhar vide which the eviction petition filed by the respondent under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as 'the 1949 Act') as amended up to date, for the eviction of the present petitioner from the shop in question situated at Mohalla No.29, Jalandhar Cantt had been allowed. Challenge is also to the judgment and decree dated 22.10.2024 vide which the appeal filed by the present petitioner had been dismissed.
2. Learned counsel for the petitioner has raised two grounds of challenge to the judgments passed by the Rent Controller as well as the Appellate Authority. First ground raised on behalf of the petitioner is to the effect that there is no relationship of landlord and tenant between the petitioner and respondent and once there was no relationship of landlord and tenant then the question of respondent seeking eviction of the petitioner from the premises in question does not arise. It is further submitted that the respondent-Pawan Kumar, who had appeared as PW1 had in his cross-e
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
The landlord's right to evict based on personal necessity is upheld when legal ownership and bona fides are established, with eviction supported by preceding legal documents.
A landlord's bona fide necessity for eviction must be established, and a prior dismissal does not preclude a new application if circumstances change.
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.
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