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2022 Supreme(P&H) 1712

HARKESH MANUJA
Devender Kumar – Appellant
Versus
Santosh Devi – Respondent


Advocates appeared:
Mr. S.K. Yadav, Advocate, for the Appellant

JUDGMENT

Harkesh Manuja, J. - Present revision petition has been filed at the instance of tenant-petitioner challenging the order dated 18.11.2017 passed by learned Rent Controller, Narnaul as well as order dated 05.12.2019 passed by the Appellate Authority, Narnaul, whereby the eviction has been ordered against him.

2. The respondents herein filed an eviction petition against the petitioner under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 regarding the tenanted premises i.e. shop. The grounds of eviction pleaded in the eviction petition were non-payment of rent as well as the bona fide necessity of respondent No.2/petitioner No.2. The eviction petition was opposed by the petitioner. Resultantly, on 26.05.2016 learned Rent Controller framed the following issues:-

    '1. Whether respondents are liable to be ejected from the demised shop on the ground of non-payment of rent? OPP

    2. Whether petitioner has no cause of action to file the present petition? OPR (sic)

    3. Whether the petition of the petitioner is not maintainable? OPR

    4. Whether the petitioner has not come to the court with clean hands? OPR

    5. Relief."

    3. Learned Rent Controller vide its order dated 18.11

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