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GURBIR SINGH
Sant Lal – Appellant
Versus
Surender Singh – Respondent
JUDGMENT
Gurbir Singh, J.
CM-24594-C-II-2014 : For the reasons mentioned in the application, the same is allowed and delay of 60 days in re-filing the present revision petition is condoned. The application stands disposed of.
2. CM-24595-C-II-2014: For the reasons mentioned in the application, the same is allowed and Annexures P-1 to P-6 are taken on record, subject to all just exceptions. The application stands disposed of.
3. Main Case: Challenge in the present revision petition is to the order dated 28.04.2014, passed by learned Appellate Authority, Sonipat, whereby judgment dated 29.11.2012, passed by learned Rent Controller, Sonipat, regarding ejectment of tenant, has been reversed on the ground of concealment of facts by the landlord and failure to prove bonafide necessity of the disputed shop.
4. The brief facts of the case, as culled out from the paper book, are that petitioner Sant Lal (landlord) filed petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as - the Act), for ejectment of respondents namely Surender Singh and Azad Singh (tenants) from the shop in question on the grounds of non-payment of rent, change
The court emphasized the necessity of providing an opportunity to rebut additional evidence to uphold the principles of natural justice in eviction proceedings.
The court emphasized the importance of proving bonafide necessity for eviction and highlighted the significance of raising all relevant arguments before the lower authorities.
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 landlord's requirement for eviction should be based on occupation rather than ownership of other properties within the same municipal limits.
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
The filing of a fair rent petition does not negate a landlord's bona fide requirement for eviction under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
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