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HARKESH MANUJA
Ram Gopal Since Deceased – Appellant
Versus
Sardari Lal Handa Since Deceased – Respondent
| Table of Content |
|---|
| 1. eviction petition granted for personal necessity. (Para 1 , 2 , 3) |
| 2. argument against reliance on unfiled affidavit. (Para 4 , 5) |
| 3. court's reasoning on admissibility of affidavits. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. petition dismissed, no merit found. (Para 12 , 13) |
JUDGMENT
Mr. Harkesh Manuja, J. (Oral)
By way of present revision petition, challenge has been laid to the judgments dated 08.03.2017 and 16.04.2018 passed by the Courts below whereby an eviction petition filed against the petitioners qua the demised premises that is situated on the first floor portion forming part of shop No.B-IV-299, Bazaar Sarafan, Ludhiana was allowed on the ground of personal necessity of respondents-landlord.
2. Briefly stating, the respondents-landlord filed an eviction petition against the petitioner-tenant qua the demised premises i.e. the first floor portion forming part of shop No.B-IV-299, Bazaar Sarafan, Ludhiana, on the ground of his own personal necessity besides that of his son Ashwani Handa who has been running a jewellery shop on the ground floor of the aforementioned property. The petitioner-tenant disputed the bona fide need of the respondents-landlords by filing deta
The main legal point established in the judgment is the entitlement of the landlord's daughter to seek eviction in her own behalf upon the landlord's death, supported by the General Power of Attorney....
Point of Law : Affidavit in lieu of examination-in-chief is constrained by two factors: (a) it must be examination-in-chief; and (b) it must be an affidavit conforming to requirement of Indian Eviden....
The denial of the opportunity to adduce evidence renders the exhibition of documents meaningless, emphasizing the necessity for competent witnesses to prove documents in court.
Eviction under the East Punjab Urban Rent Restriction Act requires only prima facie proof of title, which was established by the landlord through a gift deed amid claims of necessity for accommodatio....
The revisional court can correct trial court findings based on legal misinterpretation, especially when admissions negate the need for further proof.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
In exercising revisional jurisdiction, the Court cannot interfere with the findings of fact recorded by the lower courts unless such findings are blatantly perverse or would result in gross miscarria....
The court emphasized the necessity of providing an opportunity to rebut additional evidence to uphold the principles of natural justice in eviction proceedings.
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