Janak Raj & Anr. v. Partap Singh
Case brief
What is this about?
Tenant petitioners challenged eviction ordered by appellate authority in a rent case. The appellate authority upheld eviction for landlord's personal necessity (settling unemployed son). High Court dismissed the revision, finding no fault with appellate findings despite tenant’s claims.
What the court decided
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.2887 of 2009
Date of decision: 24th September, 2010
Janak Raj and another
… Petitioners
Versus
Partap Singh
… Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. C.B. Goel, Advocate for the petitioners. Mr. V.K. Sandhir, Advocate for the respondent.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present revision petition has been filed by the tenant, whose eviction had been ordered by the appellate authority. The appellate authority reversed the findings recorded by the Rent Controller, Amritsar and held that the premises in question were required by the landlord for his own use and occupation, i.e. for settling his son Karampal Singh, who at the time of institution of the eviction petition was aged about 19 years and was unemployed. The appellate authority further held that in the premises let-out to the petitioners, son of the landlord intended to set-up a karyana (grocery) shop.
Issues for consideration
3 issues framed by the court
Whether findings of the appellate authority upholding eviction on grounds of personal necessity should be disturbed.
Whether the tenant-petitioner-petitioners have established that the landlord’s personal necessity ground was false.
Whether the landlord required the premises for personal necessity for settling his son when the eviction petition was instituted.
Parties & counsel
- petitioner
Janak Raj
- respondent
Partap Singh
Coram
K-Singh-Ahluwalia
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · September
- Registered
- Case no.
- CR/2887/2009
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