High Court orders tenant’s eviction in Moga on ground of personal necessity

Tribune News Service

Saurabh Malik

Chandigarh, July 30

It is a father’s moral duty to settle the children, the Punjab and Haryana High Court has ruled, while allowing a 16-year-old petition filed by a landlord for evicting a tenant from his property on the ground that he wanted the premises for his personal use and occupation to start business with his grown-up sons.

Justice Amarjot Bhatti asserted the landlord had filed an “ejectment” petition under the provisions of the East Punjab Urban Rent Restriction Act for the ejectment of respondents from a shop in Moga. One of the grounds was that he required the premises for his personal use and occupation to start business along with his sons, who were unemployed at that time.

The Rent Controller while deciding the petition passed the ejectment order on March 11, 2006. It came to the conclusion that the petitioner, now represented through his legal heirs, required the premises for personal use and occupation.

Feeling aggrieved, the tenant filed a rent appeal following which the ejectment order was set aside vide judgment dated December 9, 2006. The petitioner-landlord, represented through his legal heirs, then filed the civil revision before the high court. It was argued only on the ground that the petitioners required the premises for personal use.

After going through the findings recorded by the appellate authority, Justice Bhatti asserted it, in the court’s opinion, wrongly came to the conclusion that the landlord concealed material facts or that his sons were already working and there was no genuine, bonafide requirement for the tenant’s eviction from the premises.

Justice Bhatti asserted the statements of the landlord and his son were clear and no fact was concealed from the Rent Controller.

“Considering the factual position, the need of the petitioner now represented through his sons was bonafide. The reasoning given by the Appellate Authority to reverse the finding of the Rent Controller regarding the issue is neither convincing, nor justified,” Justice Bhatti asserted, while upholding the Rent Controller’s findings dated March 11, 2006.

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