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2004 Supreme(SC) 381

A.R.LAKSHMANAN, R.C.LAHOTI
Ram Dass – Appellant
Versus
Davinder – Respondent


JUDGMENT

R.C. Lahoti, J.-A suit based on landlord-tenant relationship, filed by the appellant against the respondent, on the ground available under Section 13(2)(v) of the Haryana Urban (Control of Rent) & Eviction Act, 1973 (hereinafter the Act , for short) was decreed by the Rent Controller, Rohtak and maintained in appeal by the Appellate Authority. In a revision preferred under Section 15(6) of the Act, the High Court has set aside the findings of the two authorities below and directed the application seeking eviction of the respondent to be dismissed. Feeling aggrieved, the landlord has filed this appeal by special leave.

2. Under Section 13(2)(v) of the Act, on an application filed by a landlord seeking to evict his tenant, the Controller may, after giving the tenant a reasonable opportunity of showing cause against the application, make an order directing the tenant to put the landlord in possession of the building if the Controller is satisfied that the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause.

3. The existence of landlord-tenant relationship between the parties is not in dispute. The suit accommodation is a shop










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