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Ejectment suit for bonafide necessity in INDIA (Punjab)

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  • Ejectment suit for bonafide necessity in INDIA (Punjab)

    Dear Sir,
    I am a widow lady of 57 years of age; my husband was in Govt. job and he had expired in 2003. I have two sons and both are married and doing Govt. jobs. I am having two shops, agriculture land and a house in Ropar city (Punjab) India. One of the shops is Shop No. 69, bhai lalo market, Ropar and rented since 1989 and other one is vacant (near bela Chowk, Ropar). I had filled an ejectment suit in lower division court for bonafide necessity against the shopkeeper of Shop No. 69, bhai lalo market, Ropar (Tenant) in year 2003.
    My tenant has pleaded that since I own two shops in Ropar city and I can start my business from other shop in Bela Chowk area. They had also presented the documents from the office of my husband that I got 15 Lacs in year 2003 as retirement/ death benefits of my husband and I own a house in ropar city and got rental income and agriculture income beside the family pension from Govt. of Punjab.

    In reply to this I told that “Since my husband was bed ridden for last 3 years and I spent a lot of money on his treatment, after getting the retirement benefits I repaid the money owned from my relatives. Both my sons are my partners in the agriculture land and house and they are taking all the produce of agriculture land and rent from house. I have only my pension for my living. I want to start a beauty parlor or boutique in the shop No. 69, Bhai lalo market, Ropar. The other shop in Bela Chowk area, I owned is located near a chicken shop and in the evening drunk people use to visit this area and it is not possible for a lady to run her business from this shop”
    My tenant has given a sworn in affidavit in court that “he has no other source of income other than rented shop (Shop No. 69, Bhai lalo market, Ropar). He is the only earning member of his family and his wife is a housewife”. Later on I came to know that my tenant owns two shops in Bahi Lalo market Shop no. 98 in Bhai lalo market, Ropar in his name and Shop no. 68 in Bhai lalo market, Ropar (Adjacent to my rented shop) in his wife’s name.
    In his witness before court, my tenant had admitted that he owned shop no. 98, Bhai lalo market in his name & his mother-in-law has purchased Shop No. 68 in his wife’s name. He is using both the shops as godown and running his business from rented shop.
    All the above facts are on record and submitted to the court. You are kindly requested to study my case and advise the further course of action and my chances of getting back the shop for my bonafide necessity.

  • #2
    Re: ejectment suit for bonafide necessity in INDIA (Punjab)

    I wish to inform you that as your tenant has given written affidavit that he has no other source of income other then this shop thus you can search for his sources of income of his family. Other source can include interest income, rent etc. Giving false statement is offence of perjury and thus your tenant can be held criminal liable. Further you can argue that in the case of Gopal Krishna & Ors vs Kishan Lal & Anr., 2012 Jodhpur High Court has stated that right to landlord to recover immediate possession arises in certain cases which include senior citizen and you must thus be provided immediate possession. As tenant is having two shops thus you can argue that tenant will not be affected but you will be more adversely affected. You only have the burden to show that you have necessity and thus your argument may focus on necessity.

    AFF

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    • #3
      Re: Ejectment suit for bonafide necessity in INDIA (Punjab)

      Dear Sir,

      My lawyer is telling me that second shop is in the name of his (Tenant's) wife and the total cost of shop is Rs 9.12 Lacs and 5 Lacs had been given by his mother-in-law. If we plead to court that i am a senior citizen it would affect our chances of winning because tenant can quote that how a old age lady can handle her own business? please advise me

      Thanks

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