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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Pinky Crockery House – Appellant
Versus
Amarjit Kaur – Respondent
Judgment :
Archana Puri, J.
The petitioners-tenant have invoked the revisional jurisdiction of this Court under Section 15 (5) of the East Punjab Urban Rent Restriction Act , thereby, assailing the order dated 27.07.2010 as well as order dated 05.11.2010, passed by the Courts below, thereby, ordering eviction of the petitioners-tenant.
2. The essential facts, to be noticed, in nutshell are as follows:-
That, respondents-landlords had filed the ejectment petition thereby, asserting that they are owners of SCO No.409-410, Sector-35C, Chandigarh and the petitioners are the tenants in the basement portion, on the monthly rent of Rs.1800/- per month. Besides the same, they were also liable to pay the water and electricity charges, in advance on 7th day of each English calendar month. Therein, it was also asserted that initially, the landlords filed petition for seeking ejectment of the tenant, which was since withdrawn, on account of gazette notification having issued by the government.
3. Suffice to consider that the landlords had filed the petition for seeking eviction of the tenant, thereby, asserting that they are not in occupation of spacious commercial accommodation in basement floor
Landlords are entitled to seek eviction based on personal necessity and change of user, and tenant's unauthorized use undermines property value, justifying eviction.
The landlord's genuine need for the premises and his right to decide the suitability of the premises for his business are crucial in eviction cases under the East Punjab Urban Rent Restriction Act, 1....
The court affirmed the eviction order, establishing the landlord-tenant relationship and ruling that the landlords' need for the property was genuine, not mere desire.
The main legal point established in the judgment is that the landlord's bona fide need for the tenanted premises must be objectively assessed, and the suitability of alternative accommodations must b....
The need of the landlords for the tenanted premises for providing commercial accommodation to their adult sons for starting independent business is genuine and the finding of the Trial Court does not....
Bona fide requirement of land lord - Landlord is the best Judge of his requirement and Courts have no concern to dictate to the landlord as to how and in what manner he should live.
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