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2023 Supreme(P&H) 1618

HARKESH MANUJA
Yoginder Kumar Garg – Appellant
Versus
Banarsi Lal – Respondent


Advocates appeared:
For the Appellant :Mr. Divanshu Jain Advocate
For the Respondent:Mr. Arun Jindal Advocate, Mr. Kanish JIndal Advocate

Table of Content
1. overview of eviction petition and grounds. (Para 1 , 2)
2. arguments regarding compliance with section 13 (3)(a). (Para 3 , 5 , 6)
3. judgment by rent controller and tenant's depose. (Para 4 , 9)
4. court's reasoning regarding 'occupation' versus 'ownership'. (Para 7)
5. final decision reversing the appellate authority's order. (Para 10 , 11 , 12)

Judgment

Mr. Harkesh Manuja, J.

By way of present revision petition, challenge has been laid to the judgment dated 06.12.2013 passed by the Appellate Authority, Jind, whereby an eviction order dated 22.12.2012 passed by the learned Rent Controller on an ejectment petition filed on behalf of petitioner-landlord has been reversed.

2. Briefly stating, the petitioner-landlord filed an eviction petition against the respondent-tenant qua the demised premises i.e. shop No.582/15 situated near Mandir Santoshi Mata, Tonga Chowk, Jind, inter alia on the grounds of arrears of rent w.e.f. 01.06.2011 to 31.10.2011 as well as for his bona fide requirement so as to open a shop of general merchant, post his retirement from the post of Superintendent Grade-II, Accounts Branch, Office of District and Sessions Judge, Jind.

3. The eviction petitio

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