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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Gaddi Suthre Shah (Dharamshala Sutherean) – Appellant
Versus
Parmeshvari Dass (Now Deceased) Through His Legal Representatives – Respondent
JUDGMENT :
Nidhi Gupta, J.
1. Present Civil Revision Petition has been filed by the landlord against the judgment dated 08.02.2016 passed by the learned Appellate Authority, Ludhiana; thereby reversing the judgment/order dated 18.12.2014 passed by the learned Rent Controller, Jagraon.
2. Brief facts of the case are that the petitioner is a registered Trust. Basant Shah is authorised and nominated to manage the property of the trust. On 9.5.1983, the demised premises in the ownership of the petitioner, and as described in the petition were taken on rent by the respondents at a monthly rent of Rs.60. Vide Agreement dated 03.01.1992 same was enhanced to Rs.80/-. Thereafter, petitioner had filed Eviction Petition dated Nil (Annexure P-1) under Section 13 of East Punjab Rent Restriction Act seeking ejectment of the respondents from the demised premises on the following grounds: -
a) Respondents have failed to pay the arrears of rent since July 1994;
b) The property has become unsafe and unfit for human habitation; and
c) That the premises are required by the petitioner for his own use and occupation for constructing temples and rooms for stay of Sadhu and religious persons and other functions
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
A landlord under the East Punjab Urban Rent Restrictions Act can seek eviction for non-payment of rent and bonafide necessity, regardless of ownership status, as long as the landlord-tenant relations....
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
Tenancy and Land laws - Eviction - There is nothing that petitioners have been able to bring forth to indicate that finding has been arrived at by a misreading of facts or omitting relevant evidence ....
A tenant cannot dispute the title of the landlord, and genuine need for premises must be established without alternative accommodation for eviction to be warranted. Adverse possession claims require ....
The admission made by a tenant regarding the relationship of landlord and tenant is considered as the best evidence, and the question of title is beyond the jurisdiction of the Rent Controller.
The crucial date for determining the landlord's bona fide requirement is the date of filing the eviction petition.
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