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HARSIMRAN SINGH SETHI
Rajender – Appellant
Versus
Rajender Kumar – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
CM-7403-CII-2023 in CR-2517-2023
As prayed for, the application is allowed.
CR-2422-2023 and CR-2517-2023
By this common order, two civil revision petitions, the details of which have been given in the heading of the order, are being decided as both the revision petitions involve the same incident.
2. Respondent No.1-landlord filed an ejectment petition under Section 13 of the Haryana Urban Control of Rent & Eviction Act, 1973 against the petitioners-respondents. While filing the rent petition, number of grounds were taken for ejectment of the petitioners-respondents, who are the tenants, such as non-payment of rent, personal necessity, the building being unfit and unsafe and the fact that the tenant had already acquired other premises where he could have shifted as well as the tenant had already ceased to occupy the building in question including the allegation that the material alteration in the building in question by the tenant was done without the permission of the landlord.
3. After leading the evidence, the Rent Controller passed an order on 23.01.2019 wherein, it was held that as the tenant had tendered the rent during the pendency
Amendments to pleadings are permissible if they clarify the real controversy, even at the trial stage.
The court upheld the eviction order based on the respondent-landlord's evidence and the lack of evidence presented by the petitioner-tenant to disprove the claims.
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
The definition of 'landlord' under the 1973 Act is broad and includes various persons beyond just the owner, and tenants can be estopped from denying the landlord's title.
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