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2006 Supreme(SC) 560

A.R.LAKSHMANAN, ALTAMAS KABIR
Umed Singh – Appellant
Versus
Arya Samaj Sewa Sadan – Respondent


Counsel for the Parties :
For the Appellant :Raj Kumar Gupta, Sheo Kumar Gupta, Bhanu Pratap Gupta, A.N. Bardiyar, Advocates.
For the Respondent:Gagan Gupta, Ranjay Kumar, B.K. Satija, Advocates.

JUDGMENT

Altamas Kabir, J. — The appellant, Umed Singh, was inducted as a tenant of the suit premises by one Sewa Ram at a monthly rent of Rs.100/- for residential purposes. One Mohan Lal was also a tenant of a portion of the building. The said Sewa Ram executed a Will in favour of the respondent-society, Arya Samaj Sewa Sadan, on 15th March, 1984. Soon thereafter, on 5th June, 1984, Sewa Ram died.

2. On 25th March, 1994, the respondent filed ejectment suit against the appellant herein under Section 13(3)(a)(i) of the Haryana Urban (Control of Rent) & Eviction Act, 1973 (hereafter referred to as the Act) for non-payment of rent from 1st December, 1989 to 31st March, 1994 and also on the ground of bona fide requirement for starting a library in the suit premises. It may be indicated that the respondent-society also filed a suit against the other tenant, Mohan Lal, but the same was dismissed by the Rent Controller on the ground that running of a library could not be equated with the expression "use or occupation by the landlord for purposes of residence". An appeal preferred by the society against Mohan Lal was allowed and the judgment of the trial court was set aside. Ul






















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