SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(P&H) 396

AUGUSTINE GEORGE MASIH
Krishan Gopal – Appellant
Versus
Ramesh Kumar Jain – Respondent


Advocates:
For the Petitioners:Mr. C.B Goel, Advocate.
For the Respondent:Mr. Sumit Gupta, Advocate.

JUDGMENT

Mr. Augustine George Masih, J.: (Oral) - C.M No.15330 of 2015

The present application is for pre-ponement of hearing of the case and since the main case is listed for hearing today the same has been rendered infructuous.

Disposed of as such.

CR No.4414 of 2015

2. Challenge in this revision petition is to the order dated 18.05.2015 passed by the Rent Controller, Karnal vide which the eviction petition for ejectment under Section 13 (A) (1-A) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (hereinafter referred to as 1973 Act) has been allowed in the light of the fact that the leave to defend was not granted by the Rent Controller which order has attained finality up to this Court.

3. It is the contention of the learned counsel for the petitioner that the petition for ejectment was not maintainable as one petition is not maintainable against two separate tenants having separate tenancy and for separate purposes. He contends that even if leave to defend has been declined but still the landlord has to stand on his own legs with regard to the petition being maintainable. If the petition itself is not maintainable, ejectment order could not have been passed by the



































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top