Delhi Cloth And General Mills Co. Ltd. vs Asha Rani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 690

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Delhi Cloth And General Mills Co. Ltd. – Appellant
Versus
Asha Rani – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Kinushk Nanda, Advocate
For the Respondent:Ms. Himani Kapila, Advocate

Table of Content
1. overview of the eviction case and previous rulings. (Para 2 , 3 , 4)
2. arguments by both parties regarding bona fide necessity. (Para 5 , 6)
3. court emphasizes the landlord's rights and definitions related to bona fide necessity. (Para 8 , 9 , 10 , 11 , 12 , 15 , 18 , 19)
4. final ruling and upholding of the appellate authority's decision. (Para 20 , 21)

JUDGMENT :

Sudeepti Sharma, J.

Present revision petition has been preferred against order dated 09.05.2025, passed by learned Appellate Authority, Gurdaspur, whereby, the appeal filed by respondent No. 1 has been allowed and order dated 15.03.2021 passed by learned Civil Judge (Jr. Divn.)/Rent Controller, Batala has been set aside.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that respondent No. 1 filed eviction petition against the petitioner before the learned Civil Judge (Jr. Divn.)/Rent Controller, Batala on the following grounds:-

(i) Non payment of rent and arrears of rent since April, 2010.

(ii) Subletting the demised premises to respondent No. 2

(iii) Personal necessity, since she required the demised premises for her own use for carrying on the business of sale of ladies garments, handbags etc.

3. Howeve