High Court: Eviction for personal need won’t end with landlord’s death

Saurabh Malik

Tribune News Service

Chandigarh, July 5

The Punjab and Haryana High Court has made it clear that eviction orders passed in favour of a landlord on the ground of personal and bona fide requirement would not come to an end if the property owner died during the pendency of an appeal or revision.

The direction by Justice Anil Kshetarpal of the HC came on a bunch of petitions filed by Krishna Ornaments and other petitioners. Appearing before the Bench, counsel representing the owner contended that once an eviction order has been passed by the Rent Controller, his subsequent death would not have an adverse effect on the same. The counsel added the rights of the parties crystallised the day the eviction petition was filed before the Rent Controller.

The counsel for the tenant-petitioners, on the other hand, submitted that the owner’s personal necessity came to an end with his subsequent death. As such, the revision petitions were required to be allowed.

Referring to a plethora of Supreme Court judgments, Justice Kshetarpal asserted: “It is apparent that once the statute itself recognises the necessity of not only the owner, but also of the persons ordinarily residing and dependent on him or her, the death of the landowner during the pendency of the revision petition would not adversely affect the rights of his heirs.”

The court was required to examine the legality and correctness of the order passed by the Rent Controller, while hearing revision petitions, which, of course, was a statutory right under the provisions of the East Punjab Urban Rent Restriction Act, 1949.

The statute made it clear that the HC may call for and examine the record relating to any order passed or proceedings held under this Act for satisfying itself on the legality or propriety of such an order or proceedings and may pass an order it may deem fit.