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Tuesday, April 13, 2010

EAST PUNJAB RENT RESTRICTION ACT, 1949

S.13--Ejectment--Bonafide necessity--It is for landlord to decide what exactly would he like to do with commercial premises owned by him subject to proof of bonafides on his part--Fact that landlord filed petition within about one year of his retirement would not draw inference that need put forward by him was not bonafide--Also, landlord does not require particular expertise in business of cloth which he wanted to start in tenanted premises--Order of ejectment upheld.; M/s Mukandi Lal Sat Narain v. Sham Lal & Anr.; 2010(1) Law Herald (P&H) 621
S.13--Eviction--Co-owner--Mesne Profit--No declaratory suit is required to be filed by co-owner prior to filing a suit for eviction against a person in unauthorized occupation--It was for appellant/defendants to prove that landlord of appellants had any title in property or that he was co-owner--Once it is proved that landlord of appellant sold his share and was no longer co-sharer of property in dispute learned Courts justified in ordering eviction in absence of declaratory decree of his status--Co-owner under law is entitled to seek eviction of a person whether in unauthorized occupation or tenant.; Mohammad Ikhlaq & Ors. v. Alok Gupta & Ors.; 2010(1) Law Herald (P&H) 595