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GURBIR SINGH
Go Parties India Pvt. Ltd. – Appellant
Versus
Gaurav Anand – Respondent
Judgment
Mr. Gurbir Singh, J.
Challenge in the present revision petition is to the order dated 11.12.2023, passed by learned Appellate Authority, Gurugram, whereby the order dated 31.05.2022, passed by learned Rent Controller, has been set aside and appeal filed by respondent/landlord has been allowed.
2. The facts, which are necessary for adjudication of this petition are that the respondent/landlord filed a petition under Section 13(2) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as – the Act), for ejectment of the petitioners/tenants from the demised premises and for recovery of arrears of rent amounting to Rs.4,89,000/- and penalty/damages to the tune of Rs.6,30,000/- plus interest, on the ground that petitioner no.1 is a private limited company, petitioner no.2 is an Advocate and a businessman who is Director of petitioner no.1 along with petitioners no.3 and 4. In the year 2015, petitioner no.2 approached the respondent to take the premises on rent for his residential purposes and he is tenant in the premises on month-to-month tenancy since March 2015. Later on, in December 2019, petitioner no.2 informed the respondent that he would be l
A tenant cannot amend their written statement to contradict a prior denial of landlord-tenant relationship, as this would alter the fundamental nature of the case.
The Rent Control Court must determine landlord-tenant relationships based on documented agreements, binding findings in subsequent proceedings.
The central legal point established in the judgment is the interpretation and application of the Delhi Rent Control Act, 1968, specifically Section 14(1)(a) and (j) to determine the existence of the ....
The main legal point established in the judgment is the significance of exclusive possession, intention of the parties, and the language used in the agreement in determining the jural relationship be....
The tenant's conduct amounted to misuse, and failure to pay provisional rent led to the orders of eviction being upheld.
The substance of the agreement, the intention of the parties, and the nature of the rights granted are crucial in determining whether an agreement creates a lease or a license.
The employer was at liberty to allot any other flat to the employee on his transfer to another station and assign the premises fallen vacant by virtue of transfer to any other employee.
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