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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Ashok Kumar Gupta – Appellant
Versus
Gian Kaur – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
Challenge in the present revision petition is to the judgment dated 18.05.2011 vide which the application for grant of leave to contest filed by the petitioners had been dismissed on various grounds including the ground of the same having not been filed within a period of 15 days and the eviction petition filed by the respondent-landlord under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'Act of 1949') had been allowed and the petitioners had been ordered to be evicted from the premises in question within a period of two months from the date of the order.
2. Learned counsel for the petitioners has submitted that in the present case, the eviction petition filed by the respondent-landlady was not bona fide and the said plea had been raised in the application for leave to contest. It is further submitted that the said plea had not been appropriately considered by the Rent Controller. It is stated that the respondent-landlady was one of the co-owners and a co-owner alone cannot file eviction under Section 13-B of the Act of 1949. It is stated that the objections raised in the application for leave to contest
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The court affirmed that a Non-Resident Indian landlord can seek eviction under Section 13B of the East Punjab Urban Rent Restriction Act, 1949, if bona fide need is established.
Ejectment petitions under Section 13-B of the 1949 Act may contain ancillary claims, and landlords have discretion over their property needs, regardless of tenant opposition.
The court emphasized the importance of the Rent Controller considering the assertions made in the tenants' affidavit when determining their entitlement to leave to contest an eviction petition.
Eviction of tenant – Rent Controller can grant leave to defend if affidavit filed by tenant discloses such facts as would disentitle landlord from obtaining an Order for Recovery of Possession.
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