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HARSIMRAN SINGH SETHI
Vijay Kumar – Appellant
Versus
Man Mohan Goel – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing appeal. (Para 1 , 2) |
| 2. challenge to lower court's eviction order. (Para 3 , 4 , 5) |
| 3. material alteration found by rent controller. (Para 6) |
| 4. arguments against the material change ruling. (Para 9) |
| 5. court's analysis on tenant's admission. (Para 10 , 11 , 12 , 13 , 14) |
| 6. burden of proof and admissions related to property changes. (Para 15 , 16) |
| 7. conclusion: dismissal of the revision petition. (Para 18 , 19 , 20) |
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
M No. 1203-CII of 2023
Present application has been filed seeking condonation of delay of 29 days in re-filing the appeal.
2. Keeping in view the averments made in the application, which is duly supported by an affidavit, the same is allowed and delay of 29 days in re-filing the appeal is condoned.
CR No. 432 of 2023
3. In the present civil revision petition, the challenge is to the order dated 08.08.2022 passed by the lower appellate court by which the rent petition filed by the Respondent-landlord has been allowed by the learned Rent Controller vide order dated 20.08.2018 on the ground of material alteration and the appeal filed by the Petitioner-tenant has been dismissed.
4. The Respo
Material alterations affecting rented property must permanently diminish value from the landlord's perspective to qualify for eviction under relevant law.
Section 24(5) of Rent Act empowers High Court to entertain Revision Petition at any time, but “any time” is to be a reasonable time.
The High Court holds that a landlord's need for property repairs overrides the tenant's claims, reaffirming limited revisional jurisdiction.
Material impairment of value or utility of premises justifies eviction under Section 22(2)(c) of the Act.
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