Authorities Under Rent Act To Only Ascertain If Premises Are Bonafidely Required By Landlord, Can't Embark On Roving Enquiry: Punjab & Haryana HC
2 years, 9 months ago

Authorities Under Rent Act To Only Ascertain If Premises Are Bonafidely Required By Landlord, Can't Embark On Roving Enquiry: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has held that it cannot embark on a roving and fishing enquiry to assist a party to collect evidence. A Court would not embark on a roving and fishing enquiry in order to assist a party to collect evidence. The Respondent-Landlord filed an ejectment petition seeking eviction of the Petitioner-Tenant from the shop in question on the ground of bonafide personal necessity of the husband of landlord, stated to be unemployed. The bench comprising Justice Alka Sarin while dismissing the petition held that under the Rent Act, authorities are concerned with whether the premises are bonafidely required by the landlord for his or his family's personal bonafide need or not.

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