...Authority whereby ejectment of the petitioner - tenant, interalia, on the ground of personal bonafide necessity of the landlord, had been ordered.2. Vide rent petition filed under...;(iv) The premises were unfit for human habitation being in dilapidated condition; and,(v) Personal bonafide necessity of sons of the landlord and his family members...issue of personal bonafide necessity had ruled that the premises were required by the landlord and thus ejectment was ordered while cross-objections of the tenant were rejected.4...

...the country is the question of landlord's bona fide personal necessity. The concept of bona fide necessity should be meaningfully construed so as to make the relief granted to the landlord real...tenants in case the landlord requires the premises bona fide for his personal occupation. It is a matter of common knowledge that even though the landlord may have an immediate and imperative necessity...almost takes away a major part of his salary. Thus, such a landlord becomes a class by himself. The statute thus puts personal necessity of the landlord as a special class requiring special treatment...

...:—a) That in the rent petition, ground of personal necessity has been wrongly stated.b) That in the petition for ejectment, four grounds of ejectment have been taken and under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as “the Act”), the landlord could...only take one ground of personal necessity as other grounds can only be raised in eviction petition under Section 13 of the Act.c) That only photocopy of the permanent residency card has been placed, therefore, it is not proved that the landlord is...Controller specifically state that eviction of the tenant has been granted on the ground of personal necessity, therefore, other grounds though taken in the eviction petition, have not been taken into consideration for ejectment. Therefore, they stood waived off.6. It is not disputed that the landlord is...

...Authority whereby ejectment of the petitioner-tenant, inter alia, on the ground of personal bonafide necessity of the landlord, had been ordered. 2. Vide rent petition filed under...; (iv) The premises were unfit for human habitation being in dilapidated condition; and, (v) Personal bonafide necessity of sons of the landlord and his family members...personal bonafide necessity had ruled that the premises were required by the landlord and thus ejectment was ordered while cross-objections of the tenant were rejected. 4. Challenging...

...door. Under those circumstances the landlord alleged that she had bona fide reasonable need of the suit shop for doing their business. The case of the landlord regarding personal necessity was found...support of the case of the plaintiff regarding personal necessity. On the basis of the aforesaid evidence the learned trial Judge found that the case of the landlord about personal necessity was...the following effect:“When examining a case of personal requirement, if it is pointed out that there is some vacant premises with the landlord which he can conveniently ocupy, the...

...necessary fact to be brought on record to negate the plea of the respondent landlord that the premises is required for bona fide personal necessity. The learned counsel for the petitioner has submitted that the Rent Tribunal, Alwar vide impugned judgment dated 31.5.2012 held that the premises let out to the petitioner is required by the landlord for...his personal necessity. The learned counsel for the petitioner has submitted that during the pendency of the appeal, he learnt that Smt. Rekha Jain wife of the respondent landlord had...respondent landlord had applied for the flat and as per letter of allotment, construction of the flat shall be completed in December, 2016.3. The learned counsel for the respondent has...

...the grounds that the room is needed for construction of a staircase to the first floor of the building and also for his bona fide personal necessity under Section 13(1)(h) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short “the Act”). The tenant contested the suit refuting both the grounds of eviction pleaded by the landlord.3...court rejected the case of the landlord that the room was required for building a staircase; but accepted the plea of bona fide personal necessity. The trial court decreed the suit and ordered eviction...courts below committed error in accepting the plea of bona fide personal necessity of the landlord. According to Shri Jain on the material on record, the finding should have been recorded that it is not...

...evicted on the ground of personal necessity. This finding has also been affirmed by the Appellate Rent Tribunal vide impugned judgment dated 3.3.2015. However, while acknowledging the personal necessity of the landlord, the...landlord for personal necessity, dissected the claim of landlord and held that the shop in question is required only for personal necessity of the landlord and not for his son. Hence, the present writ...B.Pharma or D.Pharma, therefore he is not eligible to pursue medical line and run a chemist store. On the strength of above reasoning, the Appellate Rent Tribunal held that personal necessity of son is not made out, however, shop is required by the landlord for...

...the premises in question were non-residential and the same were rented out to the tenant for commercial purposes and, therefore, the ground of personal necessity was not available to the landlord. Pleadings...premises were non residential and, therefore, the ground of personal necessity was not available to the landlord for the eviction of the tenant. Reference in this regard has been made to the site plan...were non residential, the landlord is entitled to seek eviction of the tenant on the ground of personal necessity as held by the Supreme Court in Harbilas Rai Bansal v. The State of...

...Order 12 Rule 6 of the CPC. As per the learned counsel the landlord-respondent has filed petition for eviction on twin grounds i.e. non-payment of rent and personal necessity. After evidence of the landlord was...further pleaded in the application that even as regard the personal necessity there was ample admission during the testimony that actually there was no personal necessity. In reply, the landlord had...stated that as regard the issue of non-payment of rent he was ready to give up that ground, but he still maintained that he had led evidence which would justify the finding of personal necessity. It was in those circumstances that application was dismissed. 2. Learned counsel has argued that approach of the Rent Controller was wrong and he should have analyzed the testimony of the landlord and...

...personal & bonafide necessity of non-petitioner/landlord.Application under Section 9 of the Rent Control Act, 2001 was filed by the non-petitioner in the year...2005 wherein one of the grounds raised for eviction was personal & bonafide necessity of the landlord. After reply being filed by the petitioner, issues were framed by the Rent Tribunal, which are...quoted as under:After the parties have led their evidence and finding was recorded by the Rent Tribunal in favour of the non-petitioner/landlord upholding his personal & bonafide necessity...

...required by the landlord for the personal-bonafide-necessity to settle his son.3. Before cross-examination of petitioner-landlord could commence, respondent-tenant got certain...documents from which it could be inferred that the son of the petitioner-landlord is not residing at Jaipur and the ground made for personal-bonafide-necessity is not a genuine ground.4...Civil Procedure Code, 1908, was allowed.2. In the present case, petitioner-landlord had instituted a suit for eviction of the tenant on the ground that the demised premises is...

...parties was the alleged personal requirement of the landlord. The Rent Controller, after going through the evidence produced the parties, negatived the plea of personal necessity and dismissed the petition. On appeal, the Appellate Authority, recalled the landlord, recorded...invoked to fill the gaps in the evidence produced by the landlord to substantiate his plea of personal necessity. It was further contended that though the provisions of Order 41, rule...invoked to fill in gaps in the evidence of the landlord so as to make out a case for his personal necessity. The landlord having been afforded full opportunity to lead his evidence, the Appellate...

....2. In the suit, as filed originally, two grounds for ejectment were pleaded, (1) default in payment of rent and (2) personal necessity in regard to the commercial premises in dispute for one of the brothers of the landlord to..., 1950 (hereafter for short ‘the Act’), a suit in regard to commercial premises on the ground of personal necessity is not maintainable within five years of the execution of the rent note or the agreement of tenancy and the issue was framed and thereafter the landlord withdrew...the ground of personal necessity and the case proceeded on the ground of default only.3. After five years' lapsed from the date of creation of the tenancy, the landlord filed...

...personal necessity of the plaintiff. During the trial, plaintiff's evidence was closed on 17.06.2008 and the defendant's evidence was also closed, for the defendant failed to produce any witness...defendant has approached this Court.2. Eviction Title Suit No. 41 of 1997 was instituted on the ground of default in payment of rent, construction without consent of the landlord and...

...on 04.05.2010, issued direction to the Rent Controllers situated within the limits of Punjab, Haryana and Union Territory to decide the eviction petitions filed on the ground of personal necessity or by specified landlord, within...the following order in respect to the decision of rent petitions filed on the ground of personal necessity or by specified landlord:-“Every petition based upon an averment of personal...personal necessity. It has been further pleaded that this court in C.R No. 302 of 2010 titled as, “Sandeep Ghai v. Neeraj Malhotra” decided...

...ejectment petition against the petitioners mainly on the ground of personal necessity, whereas in fact the real purpose is to pressurize the tenant to hike the rent. The learned counsel has further submitted that in fact the landlord had...of the respondent has been erroneously dismissed. I have heard the learned counsel for the petitioners. It is not disputed that the rent petition is based mainly on the ground of personal necessity. The fact that the landlord, at...some stage, had asked the tenant to increase the rent, would not defeat the ground of personal necessity. The Rent Controller has to adjudicate upon ground of personal necessity of landlord on...

...of the petitioner from the demised premises on the grounds of non-payment of rent and personal necessity of his family. The family of the respondent-landlord was consisting of his wife, two daughters...building, which is being used for commercial purpose by the petitioner. Therefore, he cannot be ejected on the ground of personal necessity of the landlord. Regarding the personal necessity of the landlord, it...Courts below passed the order of ejectment while holding that the premises in question is required by the respondent-landlord for the personal necessity of his family.7. Learned counsel for the petitioner has made two fold submission. Firstly that the building in question, of which the demised premises is part, is a non-residential building, therefore, for such a building, the landlord cannot...

...G.C Mital, C.J:— The petitioner succeeded in a suit for ejectment before the first court on the ground of personal necessity. The tenant filed apppeal. During the pendency of appeal before the Additional District Judge, the tenant filed an application for amendment of the written statement to plead that the personal necessity of the landlord has...personal necessity is ceased, is not relevant for consideration because that application was allowed and the tenant was allowed to file amended written statement. After the amended written statement was filed, the landlord sought...Judge erred in law and failed to exercise his jurisdiction in not allowing the opportunity to the landlord to file rejoinder/replication to the amended written statement. This was the bare minimum which...

...petitions, the tenants are aggrieved against the order of the Appellate Authority by which order of the Rent Controller has been reversed and eviction has been ordered on the ground of personal necessity of the respondent-landlord.Counsels...personal necessity of the respondent-landlord has already been established in respect of all the barrack houses, which is admittedly the demised premises in the present case, and has referred to a...old barrack house situated on the premises of the landlord regarding which it had already preferred other petitions for eviction on the ground of personal necessity and has been successful upto this Court. In this regard, reference could be had to the decision of this Court in Ram Chander's case (supra) in which the Court had found personal necessity of the respondent-landlord to...