LAWS(P&H)-2025-1-91

SUGNA RANI Vs. SUBHASH CHAND

Decided On January 22, 2025
Sugna Rani Appellant
V/S
SUBHASH CHAND Respondents

JUDGEMENT

(1.) The petitioner-tenant assails the order dtd. 4/12/2024 passed by learned Appellate Authority, Patiala dismissing the appeal filed by him under Sec. 15 of the East Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Rent Act') against the order dtd. 21/9/2023, passed by the Court of learned Rent Controller, Patiala, vide which the eviction petition filed by the respondent-landlord under Sec. 13 of the Rent Act was allowed.

(2.) House No.B-30/120, Namdar Khan Road, Near Arya Samaj, Patiala (hereinafter referred to as the 'demised premises') was taken on rent by one Hari Pal around the year 1999 at a monthly rent of Rs.1,500.00. Being an oral tenancy, no rent deed or rent note was executed. After he expired, the present petitioner-tenant Sugna Rani came into possession of the demised premises.

(3.) A petition for eviction of the petitioner-tenant was moved under Sec. 13 of the Rent Act on the ground of the petitioner-tenant being in arrears of rent since 1/1/1988 at the rate of Rs.1,500.00 per month. It was averred that the respondent-landlord had three children, out of which two were married and his daughter had been deserted by her husband and was, therefore, residing with him. It was averred that since he wanted to settle his daughter in the demised premises, the same was required by the respondent-landlord for his personal bona fide necessity. It was also averred that the demised premises was more than 80 years old and required reconstruction as well. The requisite ingredients as per the requirements of the provision were pleaded.