PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Babu Ram (Since Deceased) Through His Legal Heirs – Appellant
Versus
Tilak Raj – Respondent
JUDGMENT :
Vikas Bahl, J.
Challenge in the present revision petition is to the judgment dated 23.02.2018, vide which the petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to be as 'Act of 1973'), filed by the respondent-landlord, has been allowed and the eviction of the present petitioner from the house in question has been ordered. Challenge is also to the judgment dated 31.08.2024 vide which the appeal filed by the petitioner through his legal representatives has been dismissed.
2. Learned counsel for the petitioners has challenged the impugned judgments by raising four submissions. The first ground of challenge is that at the time of filing of the petition i.e. on 22.04.2015, the respondent-landlord had stated that in the residence at House No. 160, Model Colony at Yamuna Nagar, where he is residing with his son, was to be exclusively used by his son and his daughter-in-law and son of the respondent-landlord was also maintaining his separate godown near the said house in Model Colony, Yamuna Nagar for his business. It is submitted stated that however during the course of cross-examination, the said respondent-landlord/Tilak
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
The landlord's right to evict based on personal necessity is upheld when legal ownership and bona fides are established, with eviction supported by preceding legal documents.
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.
A landlord's bona fide need for premises can justify eviction, and tenants cannot dictate the suitability of a landlord's chosen location for their business.
The court affirmed the eviction order, establishing the landlord-tenant relationship and ruling that the landlords' need for the property was genuine, not mere desire.
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