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2014 Supreme(P&H) 1074

BHARAT BHUSHAN PARSOON
Rajiv Gupta – Appellant
Versus
Jiwan Ram – Respondent


Advocates:
For the Petitioner:Mr. Himanshu Sharma, Advocate.
For the Respondent:Mr. Ayush Gupta, Advocate.

JUDGMENT

Dr. Bharat Bhushan Parsoon, J.: - There is a shop located in Subhash Mandi, Kurukshetra details of which had given in the impugned judgment of 25.7.2013 of the Appellate Authority whereby ejectment of the petitioner – tenant, interalia, on the ground of personal bonafide necessity of the landlord, had been ordered.

2. Vide rent petition filed under Section 13 of Haryana Urban(Control of Rent & Eviction) Act 1973(hereinafter referred to as the Act) ejectment of the tenant from the shop in dispute had been sought on the following grounds:-

(i) Non-payment of arrears of rent;

(ii) Change of user of the tenanted premises;

(iii) Materially impairment in value of the tenanted premises;

(iv) The premises were unfit for human habitation being in dilapidated condition; and,

(v) Personal bonafide necessity of sons of the landlord and his family members.

3. Tough resistance was made by the tenant. After evaluating oral as well as documentary evidence produced by the parties, the Rent Controller vide its judgment of 21.1.2011 had dismissed the petition of the landlord. In appeal by the landlord where cross-objections had also been preferred by the tenant, the Appellate Authority reve






















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