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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURBIR SINGH
Ajay Goel – Appellant
Versus
Manjit Singh – Respondent
JUDGMENT :
Gurbir Singh, J.
Challenge in the present revision petition is to the order dated 27.04.2018, passed by learned Rent Controller, Jalandhar, whereby Ejectment Petition filed by the respondent under Section 13 of the East Punjab Urban Rent Restriction Act (as amended up to date) (for brevity - the Act), for ejectment of the petitioner from the shop (as detailed in head note of the plaint) in question, has been allowed. Further challenge is to the order dated 11.10.2023, passed by learned Appellate Authority, Jalandhar, whereby appeal filed by the petitioner has been dismissed and the aforesaid order of learned Rent Controller has been affirmed.
2. The parties, hereinafter, are being addressed as per their status in the Ejectment Petition.
3. Brief facts of the case, as culled out from the paper-book, are that the respondent/landlord filed a petition for ejectment of the petitioner/tenant from the shop in question on various grounds. It was pleaded by the landlord that there were three shops and a residential house on the property, as detailed in the head note of the petition. Out of those three shops, one shop was let out to the tenant, who was supposed to pay monthly rent and
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....
The landlord's bona fide requirement for personal use, once established, justifies eviction, while the tenant must prove valid reasons for non-occupation.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The Court emphasized the importance of proving a landlord's bona fide requirement for eviction and the need for tenants to provide evidence to rebut the landlord's assertions.
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....
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