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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Naveesh Kumar – Appellant
Versus
Manju Bhasin – Respondent
JUDGMENT :
NIDHI GUPTA, J.
Present Civil Revision Petition has been filed by the tenant seeking setting aside of the order dated 05.11.2022 passed by learned Rent Controller, Amritsar, whereby Eviction Petition filed by the landlady/respondent No.1 under Section 13 of the East Punjab Urban Rent Restriction Act, has been allowed; AND order dated 09.11.2023 passed by learned Appellate Authority, Amritsar; whereby the Rent Appeal filed by the petitioner/tenant/respondent No.3 in the Eviction Petition, has been dismissed.
2. Brief facts of the case are that the landlady/respondent No.1 had filed a Rent Petition under Section 13 of the East Punjab Urban Rent restriction Act (hereinafter referred to as ‘Act’) for ejectment of the petitioner and performa respondents No.2 and 3 herein from the demised premises on grounds of: (a) non-payment of rent; (b) demises premises being unfit and unsafe to human habitation; (c) bonafide requirement; and (d) on ground of subletting. Vide judgment dated 05.11.2022 passed by learned Rent Controller, Amritsar, the landlady’s Petition was allowed as landlady succeeded in proving that arrears of rent were subsisting against the petitioner; and landlady succee
Tenants denying landlord-tenant relationship cannot seek rent assessment; landlady's bona fide need for eviction upheld.
The main legal point established in the judgment is that a holder of a foreign passport can be considered an NRI under the Act, and the landlord's personal necessity is best judged by the landlord.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
The main legal point established in the judgment is the significance of the landlady's testimony and the condition of the premises in determining the grounds for ejectment under Section 13 of the Har....
Landlords are entitled to seek eviction based on personal necessity and change of user, and tenant's unauthorized use undermines property value, justifying eviction.
The court's decision was influenced by the findings of the Building Expert and the admission of the petitioner regarding ownership of commercial properties.
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