Jaspal Singh v. the Gill Agri Multi Purpose Cooperative Society Ltd.
Case brief
What is this about?
RSA-2231-2025 (O&M), Punjab and Haryana High Court, decided 07.07.2025, Justice Deepak Gupta. Tenant-defendant's second appeal against ejectment decree in favour of Gill Agri Multi Purpose Cooperative Society Ltd.; held that bona fide/legal necessity need not be proved where possession is claimed on title under the Transfer of Property Act rather than under the Rent Act; concurrent findings of Trial Court (18.12.2017) and First Appellate Court (07.05.2025) upheld; appeal dismissed; no cases cited; no monetary quantum involved.
What did the court decide?
Since the suit sought possession based upon title and was filed under the Transfer of Property Act, and was not a petition under the Rent Act, the plaintiff was not required to prove bona fide personal necessity or any legal necessity for vacation of the demised shop; the strict requirements of the Rent Act did not apply.