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2023 Supreme(P&H) 1230

TRIBHUVAN DAHIYA
Jugal Kishore – Appellant
Versus
Om Parkash – Respondent


Advocates appeared:
Mr. M. L. Sarin, Senior Advocate with Ms. Hemani Sarin, Advocate, for the petitioner
Mr. Divanshu Jain, Advocate, for the respondents
Mr. Harmeet Singh Oberoi, Advocate, for the applicant (CM no.13243-CII of 2015)

TRIBHUVAN DAHIYA, J.

1. This is tenant’s revision petition against the order of eviction dated 5.8.2011 passed by the Rent Controller ordering his eviction, as well as the order dated 17.1.2013 passed by the Appellate Authority, affirming the same.

2. The facts in brief are, the three respondents (hereinafter referred to as ‘the landlords’), who are brothers, filed an ejectment application/petition under The Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short ‘the Act of 1973’), claiming themselves to be owners of Shop no.15 in New Vegetable Market, Palwal (hereinafter referred to as ‘the demised premises’). It was earlier allotted to the landlords’ father, Shiv Lal, who expired in October 2002. Thereafter, it was allotted to the landlords, vide re-allotment letter dated 7.4.2007, as incorporated in the records of the Municipal Council, Palwal. The respondent was tenant over the demised premises for the last twenty years. Initially, the rate of rent was Rs.500/- per month and later, at the time of filing of the petition, the rate was Rs.3000/-per month, including house tax. The grounds on which eviction was sought were, non-payment of rent, personal necessity, change of

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