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VIKRAM AGGARWAL
Kailash Chand Goyal – Appellant
Versus
Gulshan – Respondent
| Table of Content |
|---|
| 1. petitioner seeks eviction based on unsafe conditions and rent arrears. (Para 1 , 2) |
| 2. respondents deny grounds for eviction; issues framed for adjudication. (Para 3 , 4 , 5) |
| 3. petitioner argues error in dismissals and seeks additional evidence. (Para 7 , 8) |
| 4. respondents defend against allegations; claim lack of safety evidence. (Para 9 , 10 , 11 , 12 , 13) |
| 5. court observes need for appellate authority to decide on additional evidence. (Para 14 , 15 , 16 , 17) |
| 6. judgment set aside; remittance to appellate authority for further proceedings. (Para 18) |
JUDGMENT
Vikram Aggarwal, J.
The unsuccessful landlord has approached this Court assailing the judgments passed by the Rent Controller as also the Appellate Authority vide which, the petitioner-landlord was non-suited in an eviction petition filed by him under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Rent Act) seeking eviction of the respondents-tenants from a shop situated on Bus Stand Link Road, Hansi, District Hisar (hereinafter referred to as the tenanted premises) on the ground of non-payment of rent and the tenanted premises having become unsafe and
The court's decision was influenced by the findings of the Building Expert and the admission of the petitioner regarding ownership of commercial properties.
Pleadings in eviction cases under the East Punjab Urban Rent Restriction Act should be interpreted liberally, allowing for additional issues to be framed based on the substance of the claims rather t....
The central legal point established in the judgment is the reliance on conflicting evidence to determine the safety and fitness of the demised premises under the grounds for eviction, as provided in ....
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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