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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Firm Brij Mohan Mehra – Appellant
Versus
Inderjit Puri – Respondent
JUDGMENT :
Pankaj Jain, J.
1. Tenant is in revision aggrieved of judgment dated 03.07.2018 passed by Appellate Authority under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the 1949 Act') whereby order passed by Rent Controller, Amritsar dated 01.03.2017 allowing the ejectment application filed by the landlord, stands affirmed.
2. For convenience and to avoid confusion, the parties hereinafter are referred to by their legal status i.e. petitioner as tenant and respondent No.1 as landlord.
3. Landlord filed eviction petition under Section 13 of the 1949 Act, claiming that tenant was inducted vide rent note dated 31.12.1991 in the demised premises on monthly rent of Rs. 2,000/-. Tenant made major additions and alterations in the demised premises in the year 2006 and the rent was enhanced to Rs. 7,000/- per month. Landlord sought ejectment of the tenant pleading his bona fide need as under :
"That the applicant is old aged person of about 66 years of age and earlier the applicant was carrying on business of brokerage of cloth and now on account of old age and ill health the applicant is unable to carry out brokerage business and as such, the applicant intend
Legal representatives can continue eviction proceedings following the original landlord's death if the need for eviction was established as bona fide and relevant to family members.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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....
A landlord's bona fide need for premises under the Delhi Rent Control Act can be established regardless of age or financial independence of family members, as familial ties justify eviction claims.
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....
Landlord's bona fide need for property doesn’t require dire necessity; tenant's livelihood claims must prove attempts for alternative accommodations.
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