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RAJBIR SEHRAWAT
Surjit Singh – Appellant
Versus
Sahni Hardware & Sanitary Store, Shahbad – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral)
The petitioner has filed this civil revision under Section 15 (6) of the Haryana Urban (Control of Rent & Eviction) Act 1973 (in short, the Rent Act), praying for setting aside order dated 18.12.2006 passed by the Appellate Authority-cum-District Judge, Kurukshetra whereby the judgment dated 30.05.2006 passed by the learned Rent Controller, Kurukshetra was set aside and the ejectment petition filed by the landlord was dismissed.
2. The brief facts, as involved in this case, are that the petitioners filed the eviction petition against the respondent before the Rent Controller, Kurukshetra asserting therein that they were the owner of two shops situated at Shahabad. Earlier the rent was Rs.500/- per month which was ultimately increased to Rs.750/- per month w.e.f. 01.04.1998 till 30.04.2001. On these facts the eviction petition was filed on the ground of non-payment of rent, personal requirement for establishing business for son of petitioner No. 1, as well as, on account of material alteration in the shop in question. During the pendency of the proceedings rent was paid by the respondent. Therefore, the surviving grounds for eviction were the perso
The requirement of the landlord for eviction must be judged based on the circumstances at the time of filing the petition, and subsequent events do not affect the bonafide need established by the lan....
The court emphasized the necessity of providing an opportunity to rebut additional evidence to uphold the principles of natural justice in eviction proceedings.
The main legal point established in the judgment is the court's interpretation of the landlord's bonafide personal necessity as grounds for eviction, and the maintainability of subsequent petitions f....
The filing of a fair rent petition does not negate a landlord's bona fide requirement for eviction under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
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