High Court Upholds Eviction Order, Citing Landlord’s Bona Fide Need for Business Expansion

07 May 2024 8:19 AM

By: Admin

Chandigarh, June 1, 2023: In a significant ruling, the High Court of Punjab and Haryana upheld an eviction order, emphasizing the bona fide need of the landlord for the expansion of his son’s business. The judgment, delivered by Hon’ble Mr. Justice H.S. Madaan, highlighted the landlord’s right to decide his requirements and dismissed allegations of material fact concealment.

The case, titled “Krishan Lal and others vs. Ashok Jain,” revolved around a petition filed by landlord Ashok Jain seeking the eviction of tenant-firm Krishan Lal and his sons from a shop in Ambala Cantt. The landlord asserted that the shop was required for his son and daughter-in-law to expand their scientific equipment/material business.

Addressing the issue of concealed properties, the court noted that the landlord had disclosed the previous vacation of a shop for his daughter’s business and highlighted that the vacant shop was under his supervision. It further clarified that the landlord was not obliged to disclose other non-commercial or residential properties.

Regarding the conversion of the property from residential to non-residential use, the court found no evidence to support such a claim. It established that the shop had always been a commercial property and had adjoining shops opening towards the bazaar, negating any residential purpose.

Justice Madaan stated, “A landlord is the best judge of his requirement,” emphasizing the landlord’s right to seek possession for business expansion. The judgment also referred to the legislative safeguard against ejectments for extraneous reasons.

The court rejected the tenant’s argument that the shop’s vacancy could be utilized by the landlord’s son and daughter-in-law. It underscored the suitability of the demised shop for the expansion of the son’s business, emphasizing that it was not the tenants’ role to advise the landlord on alternative arrangements.

In dismissing the revision petition, the court held, “The impugned order passed by the Appellate Authority... does not suffer from any illegality or infirmity and is not having any element of arbitrariness or perversity.”

Date of decision:-1.6.2023

Krishan Lal and others VS Ashok Jain