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2022 Supreme(P&H) 1951

MANJARI NEHRU KAUL
Sunil Kumar – Appellant
Versus
Manju Sanghi – Respondent


Advocates appeared:
Mr. Munish Gupta, Advocate, for the Appellant; Mr. Akshay Jindal, Advocate and Mr. Vijayveer Singh, Advocate, for the Respondent

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - The petitioner-tenant (hereinafter referred to as 'the tenant') is impugning the concurrent findings recorded by the Rent Controller, Narnaul and the Appellate Authority, Narnaul vide which he was directed to hand over the vacant and peaceful possession of the demised premises (as detailed in para No.1 of the judgment of the Rent Controller dated 04.10.2016) to the landlady. The tenant has also challenged the order dated 09.09.2021 vide which his application for leading additional evidence was dismissed by the Appellate Authority.

2. Respondent No.1-landlady (hereinafter referred to as 'landlady') filed the eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, 'the Act') on the following grounds:-

    (i) that tenant Sunil Kumar had not tendered arrears of rent from 01.04.2012 to 30.09.2013 despite repeated requests.

    (ii) that the floor and walls of the demised premises were damaged by the tenant thereby diminishing its value and utility.

    (iii) that the demised premises was sublet by the tenant to respondent No.2 without obtaining permission of the landlady or intimating her, in violation of the

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