Rent Law–Personal Necessity

Rent

Rent Law–Personal Necessity–A landlord who is already running a business with his father, cannot be denied eviction of tenanted premises on ground that his intent to set up his own separate business is not bonafide. — East Punjab Urban Rent Restriction Act–Section 13(5)–Plea of tenant that landlord is having well established business in adjoining premises which he is running alongwith his father and thus, necessity of demised premises as pleaded in eviction petition is mere wish of landlord–Held, it has been duly proved on record that though landlord has been working alongwith his father in adjoining shop, yet he intends to start his own separate establishment so as to expand his business and excel in life–Every individual has a right to take strides in life & said opportunity cannot be curtailed at instance of a tenant to whom right of restitution is always available in terms of Section 13(5) East Punjab Urban Rent Restriction Act–Plea rejected–Petition allowed. — Demised premises was purchased by landlord from its previous owner–Plea of tenant that sale deed vide which landlord allegedly purchased demised premises, never produced in original–Held, certified copy of sale deed duly proved on record, which read in conjunction with admission of transfer made by tenant himself in his cross examination, establish plea of purchase of demised premises by landowner–As regards intimation thereof to tenants, two witnesses from side of landlord appeared, who deposed that intimation regarding change of ownership was conveyed to tenant in their presence–Plea rejected–Petition allowed.

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