Bona Fide Requirement Established: High Court Upholds Ejectment of Tenant for Non-Payment and Landlord’s Personal Necessity

In a significant ruling, the High Court of Punjab and Haryana at Chandigarh, presided over by Hon’ble Ms. Justice Amarjot Bhatti, has upheld the decisions of the lower courts in a landlord-tenant dispute, leading to the ejectment of the tenant for non-payment of rent and the landlord’s established personal necessity. The landmark judgment was pronounced on December 20, 2023.

The case, titled Balkar Singh vs. Sucha Singh, revolved around the petitioner’s challenge to the judgment of the Appellate Authority and the order of the Rent Controller. The petitioner, Balkar Singh, claimed that these orders were based on conjectures and surmises and failed to appreciate the material evidence on record.

Justice Bhatti, in her judgment, meticulously addressed the various aspects of the case. A key focus was on the landlord’s bona fide requirement for the property. “The landlord has every right to start his own business in his own premises as per his desire. It is his moral duty to settle down his grown-up sons during his lifetime,” Justice Bhatti observed, underscoring the legitimacy of the landlord’s claim to the property for personal and familial business ventures.

The tenant’s liability for the arrears of rent since January 2000 was another critical factor in the decision. Despite the tenant’s claim of a different landlord and a dispute over the rent amount, the court found substantial evidence supporting the landlord’s claim of unpaid rent.

The judgment also delved into the validity of the landlord’s title to the property, dismissing the tenant’s denial of the landlord-tenant relationship. “The findings given by the Courts below regarding the relationship of landlord and tenant between the parties is duly established,” the judge noted, affirming the lower courts’ conclusions.

Date of Decision: 20.12.2023

Balkar Singh VS Sucha Singh