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SUDEEPTI SHARMA
Mulakh Raj (Now Deceased) Through His Lrs – Appellant
Versus
Vineet Sehal – Respondent
JUDGMENT
Sudeepti Sharma, J. (Oral)
The present revision petition has been preferred by the tenants against orders dated 04.10.2018 and 25.10.2023 passed by the Authorities below returning concurrent findings of fact and ordering their ejectment.
2. Brief facts relevant to the present lis are that the landlord-respondent filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent & Eviction), Act, 1973 (hereinafter referred to as the 'Haryana Rent Act') for eviction of the present petitioners from the shop in dispute on the ground of non-payment of rent, nuisance, personal bonafide necessity and dilapidated condition. It is averred in the petition that the said shop was purchased by the petitioner-landlord vide registered sale-deed No.20696 dated 01.02.2012 for valuable consideration of Rs. 8,15,000/-. It has been further averred that the landlord does not want to keep the tenants petitioners herein in his above said shop on the ground that they have not paid or tendered rent to the landlord since 01.02.2012 @ Rs. 10,000/- per month, they are creating nuisance to the public at large, the shop is required for the personal necessity and bonafide need for the resp
The court upheld the ejectment order based on established landlord-tenant relationship and personal necessity, confirming the validity of the lower courts' findings.
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
A landlord's personal necessity for his son’s business justifies eviction, and the tenant's arguments regarding available space do not negate this need.
The main legal point established in the judgment is the significance of the landlady's testimony and the condition of the premises in determining the grounds for ejectment under Section 13 of the Har....
The court emphasized the importance of considering the averments in the plaint and using the power to reject a plaint at the threshold only in exceptional circumstances.
The landlord's bonafide personal necessity for the demised premises can justify eviction under the Haryana Urban (Control of Rent and Eviction) Act.
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