Raman Mittal vs Mangal Singh on 22 March, 2011
Learned counsel for the respondent has relied upon a decision of the
Supreme Court in the case of Swami Nath Vs. Nirmal Singh, 2010(4) R.C.R.
(Civil) 663 and a Single Bench judgment of this Court in the case of Lakhwinder
Kumar Vs. Pavitter Kaur (dead) through LRs, 2010(3) R.C.R.(Civil) 279 to
contend that where one building is occupied by different tenants, the NRI landlord
can seek eviction of all the tenants for his own use under Section 13-B of the Act.
Thus, the question is no more res integra as it has been authoritatively decided by
the Apex Court. Learned counsel for the petitioner has also argued that the
landlord has failed to show his personal necessity. I do not agree with learned
counsel for the petitioner in view of a categoric finding recorded by the learned
Rent Controller in para No.6 of its order.