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VIKRAM AGGARWAL
Kailash Chand Goyal – Appellant
Versus
Gulshan – Respondent
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 unfit for human habitation.
2. In the eviction petition, it was claimed that the petitioner is the owner/landlord of the tenanted premises (fully described in the petition). It was under the tenancy of one Sh. Laxman Dass. After the death of Sh. Laxman Dass, the respondents had become the tenants, being his legal heirs. The rent was Rs.125/-per month. Eviction was sought on the ground of non-payment of rent since 01.11.2006 and the tenanted premises, which was an integral part of a big buildings Marked as A. C. D. and F in the site plan had outlived its life and had b
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.
The admission made by the tenants in their written statement can be used as the best evidence against them, and the court upheld the eviction based on the requirement of the premises for personal use....
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