PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RITU TAGORE
Suresh Kumar @ Suresh Chander – Appellant
Versus
Jeet Ram – Respondent
JUDGMENT :
Ritu Tagore, J.
1. This is landlords-petitioners' revision-petition, against the order dated 26.10.2017, passed by the learned Appellate Authority (Additional District Judge), Jhajjar, in Rent Appeal No. 36 of 2017, dismissing the Rent petition No RBT-3 of 2011/2016, titled 'Suresh Kumar @ Suresh Chander and another vs. Jeet Ram and others'by overturning the order of ejectment dated 06.03.2017, passed by the learned Rent Controller, Bahadurgarh.
2. For easy reference, the parties to the lis, hereinafter, shall be referred to by their original status in the petition.
3. The relevant facts necessary for adjudication of this revision are as under:
The petitioners instituted a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as '1973 Act'), seeking eviction of the respondents from the demised premises i.e. Shop No. 25 measuring 153 Sq.Yards, marked with letters AFGI out of 555 Sq. Yards, situated at Anaj Mandi Bahadurgarh, within the MC of Bahadurgarh Town, Tehsil, Bahadurgarh, fully depicted in the site plan attached and detailed in the headnote of the petition, by pleading that in an oral family settlement between
A landlord seeking ejectment must clearly establish bona fide personal necessity, and concealment of other properties does not negate this requirement.
The landlord cannot be non-suited merely for want of necessary pleadings as regards ingredients under the Rent Act if those have been pleaded in rejoinder and proved on record in the evidence.
The court ruled that a landlord's claim for personal use must consider the broader interpretation of 'own use,' allowing for business operations by a son, and established that the eviction petition w....
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
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