RAKESH VIJ versus RAMINDER PAL SINGH SETHI

RAKESH VIJ versus RAMINDER PAL SINGH SETHI

The East Punjab Urban Rent Restriction Act, 1949, as extended to Chandigarh, must be read as it originally stood, since the 1956 Amendment Act was struck down as unconstitutional. Therefore, a landlord in Chandigarh may seek eviction of a tenant from a non-residential building on the ground of his own use.

Parties
Appellant: Rakesh Vij; Respondent: Raminder Pal Singh Sethi
Jurisdiction
India
Judgment Date
30 September 2005
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment and Order Dated 20.12.2000
Outcome
Appeals and SLP dismissed; writ petition disposed of
Legal Topics
Eviction, Landlord's Bona Fide Requirement, Application of Rent Control Act to Union Territory, Constitutionality of Statutory Amendment
Rent Control Property Law Constitutional Law Eviction Landlord's Bona Fide Requirement Application of Rent Control Act to Union Territory Constitutionality of Statutory Amendment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Rakesh Vij

Appellant

Raminder Pal Singh Sethi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment and Order Dated 20.12.2000

Legal Issues

  1. 1 Whether a landlord in Union Territory of Chandigarh can seek eviction of a tenant on the ground of his own use from both residential and non-residential buildings under the East Punjab Urban Rent Restriction Act, 1949

Ratio Decidendi

The East Punjab Urban Rent Restriction Act, 1949, as extended to Chandigarh, must be read as it originally stood, since the 1956 Amendment Act was struck down as unconstitutional. Therefore, a landlord in Chandigarh may seek eviction of a tenant from a non-residential building on the ground of his own use.

Court Disposition

Appeals and SLP dismissed; writ petition disposed of

Orders

  • Appellant-tenant is granted six months time to vacate the premises subject to filing an undertaking within one month.
  • Writ Petition and IAs disposed of as relief is granted in main appeal.