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2004 Supreme(P&H) 1267

M.M.KUMAR
Gurinder Singh – Appellant
Versus
Kundan Lal – Respondent


Judgment

M.M.Kumar, J.

1. This petition filed under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for brevity, the Act) is directed against the judgment passed by both the Courts below directing ejectment of the tenant- petitioners from the demised premises. Both the courts below have concurrently found that the tenant-petitioners are in arrears of rent and that they have also purchased their own house. Therefore, they are liable to be ejected on those counts under Sections 13(2)(i) and 13(3)(a)(iv) of the Act respectively. The findings of the Appellate Authority are available in paragraph 13 of the judgment with regard to arrears of rent and the same reads as under:

"No doubt, the respondent has stated that the rent has already been paid upto October, 1996 but no receipt was given by Phiraya Lal, father of Kundan Lal. The onus to prove payment of rent was heavy upon the tenant who has alleged also evident that the said Kuldeep Kaur sold the property vide Ex.P.3 on 5.4.1995. Therefore, from Ex.P.2 and P.3 the learned Rent Controller has rightly observed that Kuldip Kaur had acquired the property which was sufficient for her accommodation and as such in






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