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RAJBIR SEHRAWAT
Joginder Nath Chawla (Since Deceased) – Appellant
Versus
Mohan Kalra – Respondent
| Table of Content |
|---|
| 1. overview of eviction petition basis (Para 1 , 2 , 4) |
| 2. bona fide requirement of landlord (Para 3 , 5) |
| 3. arguments against eviction (Para 6 , 7) |
| 4. court's acceptance of landlord's claim (Para 8 , 9) |
| 5. legal interpretation of eviction requirements (Para 10 , 11) |
| 6. clarification on landlord's burden in eviction (Para 12 , 13) |
| 7. final decision on eviction order (Para 15 , 16 , 18) |
JUDGMENT
Mr. Rajbir Sehrawat, J. (Oral)
The present revision petition has been filed under Section 15 (6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short 'the Haryana Rent Act ') for setting aside the impugned order dated 06.05.2016 passed by the appellate Authority, Ambala whereby the rent appeal filed by the respondent-tenant against the ejectment order dated 11.12.2015 passed by the Rent Controller, Ambala, has been allowed.
2. The brief facts of this case are that Joginder Nath Chawla, the power of attorney holder of his wife Smt. Vijay Chawla, the landlady and the owner of the property in question, had filed the eviction petition against the respondent-tenant; asserting therein that the petitioner inducted the respondent as a tenant in the shop No. 1463/B, Block N
The landlord cannot be non-suited merely for want of necessary pleadings as regards ingredients under the Rent Act if those have been pleaded in rejoinder and proved on record in the evidence.
A landlord seeking ejectment must clearly establish bona fide personal necessity, and concealment of other properties does not negate this requirement.
Section 25 empowers the Rent Controller to summon and enforce the attendance of witnesses and to compel the production of evidence as the Court is empowered under CPC.
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