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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUKHVINDER KAUR
Sham Lal @ Shyam Lal Verma – Appellant
Versus
Sehdev Arya (Deceased) Through Legal Heir – Respondent
JUDGMENT :
Sukhvinder Kaur, J.
1. The instant revision petition has been filed against the judgments dated 11.07.2019 passed by the Rent Controller, Hisar, whereby rent petition filed by the respondent/landlord was allowed and 07.05.2024 passed by the learned Appellate Authority, Hisar, whereby appeal preferred by the petitioner/tenant was dismissed.
2. Brief facts of the case as per rent petition are that the rent petitioner is owner and landlord of the demised premises which was taken on rent by the respondent from the petitioner in the year 1970 @ Rs. 1200/- per month plus house tax, for the business of making iron grills, gates, jail and shutters etc. In the year 1996, rent of demised premises was increased to Rs. 3000/- per month plus house tax. Thereafter, respondent requested the petitioner to get constructed one store and shed in the premises in question and to renovate main gate and office. Petitioner got constructed two stores, a big shed and renovated the main gate and office of the demised premises, upon which rent of the premises was increased to Rs. 5000/- per month plus house tax w.e.f. 01.04.2011 vide rent note dated 30.03.2001. It was alleged that always rent was incr
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....
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.
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 bona fide requirement for personal use, once established, justifies eviction, while the tenant must prove valid reasons for non-occupation.
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....
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....
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.
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