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Narinder Kumar Mehra @ Malhotra & Anr vs Pammi Thakur Bias on 31 May, 2018

In case of Neera Kheti vs. Sadhu Singh, 2013 (2) RCR (Rent) 236, landlord required the premises for opening of hospital in the name of his wife. He had pleaded that his daughter-in-law was running a nursing home in Southhall, England and landlord wanted to set up a hospital in the property in dispute. The need of landlord was held as bona fide. In this case, landlord-respondent requires the demised premises to provide medical aid to children of down trodden and poor person in the society. In order to achieve this noble cause, his daughter and son-in-law have come forward and he intended to take assistance of a charitable Trust. From the testimony of PW-2 Puran Chand, it is proved that daughter and son-in-law of respondent-landlord are involved in providing medical aid to needy and poor people in the society. Though, learned Appellate Authority has observed that respondent-landlord wants to gift this property to Trust however, this observation of learned Appellate Authority is not as per spirit of pleadings of landlord. Reasons recorded by learned Appellate Authority 14 of 18 ::: Downloaded on - 11-06-2018 15:30:09 ::: CR No. 6748 of 2014 -15- are to be read in proper perspective. Respondent-landlord wanted to give this property for use by charitable Trust and to achieve the noble cause his wife aspired and to fulfill her wish. The need of respondent-landlord and his daughter is genuine and bona fide and falls in the category of requirement of demised premises for his own use, as such, this argument of learned counsel for revision-petitioner that need as projected by respondent- landlord does not fall in the category of personal bona fide necessity has no merit. Observations of learned Rent Controller on this issue that the ground on which ejectment of revision-petitioner has been sought is not admissible under the law, are also not sustainable and are perverse.
Punjab-Haryana High Court Cites 9 - Cited by 0 - S Gupta - Full Document
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