Back
HARKESH MANUJA
Satpal – Appellant
Versus
Harish Kumar – Respondent
JUDGMENT
Mr. Harkesh Manuja, J.
By way of present petition, challenge has been made to an order dated 06.02.2020 passed by Rent Controller, Patiala, whereby an application seeking amendment of eviction petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 1949 Act') at the instance of petitioner-landlords has been dismissed.
2. Briefly stating, an eviction petition came to be filed at the instance of petitioner-landowners against respondent-tenant qua the demised premises i.e. shop No.2 bearing M.C. No.16/17/3 situated at Anardana Chowk, near A.C. Market Car parking, Patiala, while submitting that the demised premises was required for the personal requirement of their two sons respectively, who were not permanently employed and were doing odd jobs only to earn livelihood. It was also submitted that a similar eviction petition was also filed against another tenant, namely, Jaspal Singh, from shop No.1. The petitioner-landlords also averred that qua shop No.3 which was also under tenancy, no eviction was sought, as from the said premises, they were earning major rental income.
3. In response, respondent-tenant submitted in his
Landlords must disclose all properties in eviction petitions, but amendments to correct omissions are allowable unless deliberate concealment is evident.
Compliance with mandatory disclosure requirements and lack of objection during trial can influence the court's decision in eviction cases.
Concealment of vital facts vitiates the landlord's claim of bona fide requirement under Section 14(1)(e) of the Delhi Rent Control Act.
Non-disclosure of a previous eviction petition does not amount to concealment if the outcome does not impact the present eviction petition. Landlords can seek eviction from premises they exclusively ....
The landlord cannot be non-suited merely for want of necessary pleadings as regards ingredients under the Rent Act if those have been pleaded in rejoinder and proved on record in the evidence.
Minor omissions in eviction petitions do not nullify cause of action; the essence lies in establishing necessary facts for a decree.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
