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2014 Supreme(P&H) 1312

BHARAT BHUSHAN PARSOON
Jitender Kumar – Appellant
Versus
R. S. Virk – Respondent


Advocates:
For the Appellant :A.K. Chopra, Senior Advocate and Gursher Singh, Advocate
For the Respondents:G.S. Punia, Senior Advocate and Mandeep Kaur, Advocate

Bharat Bhushan Parsoon, J.:-

1. Challenge in this revision petition is to order dated 07.03.2011 of the Rent Controller, whereby application of the petitioner-tenant under Section13A(4) of the Haryana Urban (Control of Rent and Eviction) Act 1973 (hereinafter to be referred as the Haryana Act) seeking leave to defend the petition filed by respondent-tenant under Section 13A(1A) of the Haryana Act, was dismissed and the petition of the landlord was accepted. It is claimed that neither the Rent Controller followed the procedure ordained for deciding petition under Section 13A of the Haryana Act nor took into account the facts pleaded by the petitioner-tenant in his application, whereby leave to defend the ejectment petition against him, had been sought. It is elaborated that neither the summons had been issued to the tenant in the prescribed form under the Act nor position of a co-owner was rightly interpreted by the Rent Controller. It is averred that mere owner of the property would not be deemed to be a landlord under the Act in absence of existence of relationship of landlord-tenant between the parties. Canvassing that the revisionist-tenant had not been inducted by respondent No.






























































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