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ALKA SARIN
Mohinder Kumar – Appellant
Versus
Dayal Singh – Respondent
JUDGMENT
Alka Sarin, J. (Oral)
The present revision petition has been preferred by the landlord-petitioners against the orders passed by both the Authorities below dismissing their ejectment petition.
2. The brief facts relevant to the present lis are that the petitioners filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Haryana Rent Act') for ejectment of the tenant-respondent from property bearing nos.752 and 752/1, Bich Ki Diggi, Ambala Cantt. It was averred in the ejectment petition that the tenant-respondent took part of property no.752, Bich Ki Diggi, Ambala Cantt. on a rent @ Rs.200/- per month from the grandmother of the landlord-petitioners for his residential purpose and that the electricity and water charges were to be paid by the tenant-respondent. The tenant-respondent agreed to pay the advance rent at the rate of Rs.75/- per month. It was further averred that the tenant-respondent was liable to be evicted from the demised premises on the ground that he had not paid the rent w.e.f. 01.08.2004 onwards. It was also averred that the tenant respondent was creating a nuisance in the locality. It
Under the East Punjab Urban Rent Restriction Act, a landlord can seek eviction for personal necessity without being the owner of the premises.
The court upheld the ejectment order based on established landlord-tenant relationship and personal necessity, confirming the validity of the lower courts' findings.
A landlord's personal necessity for his son’s business justifies eviction, and the tenant's arguments regarding available space do not negate this need.
The main legal point established in the judgment is the significance of the landlady's testimony and the condition of the premises in determining the grounds for ejectment under Section 13 of the Har....
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
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