Kapoor Singh vs Jang Bahadur - 2023 Supreme(P&H) 2488

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2488

ANUPINDER SINGH GREWAL
Kapoor Singh – Appellant
Versus
Jang Bahadur – Respondent

Advocates Appeared:
Ms. Himani Kapila, Advocate; For the Petitioner
Mr. Dheeraj Mahajan, Advocate; For the Respondent

JUDGMENT

Mr. Anupinder Singh Grewal, J. (Oral)

The petitioner has challenged the judgments dated 20.05.2019 and 22.03.2023 whereby the Rent Controller has allowed the rent petition preferred by the respondent/landlord for eviction from demised premises on account of bona fide necessity and the appeal filed there against by the petitioner/tenant has been dismissed by the Appellate Authority.

2. Learned counsel for the petitioner submits that the petition for eviction has been erroneously allowed although the respondent/landlord could not make out a case for bona fide necessity.

3. Issue notice to the respondent. Mr. Dheeraj Mahajan, Advocate, who is present in Court, accepts notice on behalf of the respondent and submits that the respondent has been able to prove the case for eviction and the findings of the Courts below do not call for any interference by this Court in exercise of its revisional jurisdiction. He also submits that the respondent/landlord had sought eviction of the ground floor of the shop for using it as garage for his vehicles. He along with his family resides on the first floor while on the second floor, the landlord's brother-Naresh Kumar resides with his family.

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