Supreme Court of India
Madan Mohan(dead) through Lrs. v. Thakar Dass (dead) Thr. Lrs.
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What the Court ordered
On both counts as discussed hereinabove, the final judgment and order dated 6th August 2018 passed by the High Court of Punjab and Haryana at Chandigarh in C.R.No.1573/2011 (O&M) is unsustainable and hereby set aside. Ordered accordingly. The concurrent findings and orders of the Rent Controller, Nabha dated 27th May 2010 and the Appellate Authority, Patiala are hereby affirmed. Consequently, the respondent is directed to deliver the vacant and peaceful possession of the demised shop to the appellant(s) within a period of two months from the date of this judgment. The appeal is allowed accordingly. Pending application(s), if any, shall stand disposed of. No costs.
Judgment, 11
In brief
Kamla Devi, landlady, filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 against her tenant on grounds of non-payment of rent and bona fide requirement of the shop for herself and her son Madan Mohan. The tenant later tendered the entire arrears with interest and costs (Rs. 8,740), which was accepted, and resisted the personal-need ground as illusory, pointing to other shops owned by the landlady, including one lying vacant and used by another son.…
Authorities it was built on
- 2008 Satyawati Sharma (dead) by Lrs. v. Union of India and Anr.
- 1988 Ram Dass v. Ishwar Chander and Others
- 2014 Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh
- 2005 Baldev Singh Bajwa v. Monish Saini
- 2019 Ram Krishan Grover and Others v. Union of India and Others
- 2017 Ambadas Khanduji Shinde & Ors. v. Ashok Sadashiv Mamurkar & Ors.
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