2010(1) LAW HERALD (P&H) 456
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice S. D. Anand
Civil Revision No. 2123 of 2008
Dalip Singh
v.
Gurdev Singh
{Decided on 21/01/2010}
For the Petitioner: Mr. B.R. Mahajan, Advocate.
For the Respondent: Mr. Ashok Jindal, Advocate.
IMPORTANT POINT
Ejectment--Bonafide Necessity--In absence of any evidence to effect that landlord aged 80 years has frail health it cannot be assumed that he would not able to undertake agricultural job and run business simultaneously.
East Punjab Urban Rent Restriction Act, 1949, S.13--Ejectment--Bonafide Necessity--Landlord requires premises to run business of fertilizers and cattle feed--8-9 acres of land is not big an area which could said to be adequate enough to keep land owner through out day and all along in year particularly when petitioner cultivates that land with tractor--Business of cattle feed and fertilizers is akin to agriculture--Infact, tenanted premises are being utilised by tenant in running that business only--In absence of any evidence to effect that landlord aged 80 years has frail health it cannot be assumed that he would not able to undertake agricultural job and run business simultaneously--Negativing of plea of bonafide necessity by both Courts not in order--Implicit reliance placed upon advance age of landlord not appropriate--Tenant ordered to be ejected from tenanted premises. (P.4, 5, 6 & 7)
