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(2024) Law Today Live Doc. Id. 19338 = 2024 :PHHC: 83601
XOBJS No.15 of 2019 in/and
RSA No.3244 of 1987 (O&M)
Reserved on : 28.05.2024 Date of Decision : 03.07.2024
Alongwith
RSA No.953 of 1988 (O&M)
(Chatur Bhuj Sharma v. Prem Parkash and others)
&
CR-2480 of 1988
(Rameshwar Dayal v. Krishan Kumar)
A. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Eviction of tenant -- Bonafide need -- It is the landlord, who is the master of his needs -- The tenant or even the Court cannot direct the landlord about his requirement or tell him how much accommodation would be sufficient for him and his family.
(Para 35)
B. East Punjab Urban Rent Restriction Act, 1949 (III of 1949), Section 13 -- Eviction of tenant -- Bonafide need – Death of landlord – Long pendency of proceedings – Effect of -- Petition was filed by the landlord in 1980 – No merit in argument that now the requirement of the original petitioner i.e. the landlord must have ceased to exist as the said landlord has died – There is no doubt that the landlord is dead and a period of about 44 years has elapsed from the time of filing of the petition but at the same time the children of the landlord have acquired his rights and they have also been brought on record in the form of his LR, therefore the genuine requirement of the landlord to move out in 1980 still cannot be ignored.
(Para 36, 37)
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