Landlord best judge with regard to his needs, rules authority

Landlord is the best judge with regard to his bonafide need and such a need has to be seen from his angle and not from the viewpoint of the tenant. Observing this, an Appellate Authority, under the Rent Control Act, has dismissed an appeal of a tenant.

Mann Singh, a tenant in an SCF in Sector 28, had filed an appeal against the order dated May 18, 2023, passed by the then Rent Controller, Chandigarh, whereby the rent petition filed by the landlords was allowed on the ground of personal necessity. Landlords Devinder Kaur and her two sons had filed the petition under Section 13 of the East Punjab Urban Rent Restriction Act for ejectment of the tenant over non-payment of the rent and personal necessity.

As per the landlords, the respondent defaulted in making payment of rent. He had been in arrears of rent since December 1, 1996. They requested him several times to make the payment of the tenanted premises, but in vain.

The petitioners said one son wants to start his business of agriculture products in the entire SCF, including the rented premises. In reply, the tenant said the shop was taken on monthly rent Rs 150 from which was enhanced to Rs 200. He had paid rent up to December 31, 2016. Thereafter, the petitioners did not receive the rent and started pressuring him to increase the rent from Rs 200 to Rs 5,000 per month.

The petitioners are being landlords having properties all over India and the demised premises is not required by them for their personal use and occupation. This petition has been filed with a sole motive to increase the rent, he added.

After hearing the contentions raised by the counsel for the parties, the then Rent Controller allowed the rent petition on the ground of spersonal necessity. Feeling aggrieved from the order, the tenant filed an appeal. After hearing of the arguments, the Appellant Authority said the petitioners have duly proved their bonafide need and as such the Rent Controller has rightly held that the demised premises is bonafidely required by the petitioners for personal necessity.