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NIDHI GUPTA
Vijay Luxmi – Appellant
Versus
Hukum Chand – Respondent
| Table of Content |
|---|
| 1. overview of the ejectment petition process. (Para 1 , 2 , 3) |
| 2. petitioner's necessity to move based on personal circumstances. (Para 4) |
| 3. respondent's opposition to the eviction claims. (Para 5) |
| 4. court's assessment of evidence in the appellant's favor. (Para 7 , 8) |
| 5. distinguishing case law regarding bona fide requirements. (Para 9 , 10 , 11) |
| 6. judicial affirmations of landlord's rights in eviction cases. (Para 12 , 13 , 14) |
| 7. final judgment and terms for eviction. (Para 15 , 16 , 17 , 18) |
JUDGMENT
Nidhi Gupta, J.
Present Revision Petition has been filed by the landlord seeking setting aside of judgment dated 02.03.2015 passed by learned Appellate Authority, Ambala, whereby order dated 24.12.2012 passed by learned Rent Controller, Ambala allowing ejectment petition filed by the petitioner has been set aside.
2. Brief facts of the case are that the petitioner-landlord had filed an ejectment petition (Annexure P1) under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as "the Act") against the respondent/tenant for his ejectment from the "entire first floor, and tin shed (barsati) of second floor, of House No.1520/1,
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 main legal point established in the judgment is that a holder of a foreign passport can be considered an NRI under the Act, and the landlord's personal necessity is best judged by the landlord.
Bona fide personal need persists till final decree despite subsequent vacation/re-letting of other units in multi-storied building; landlord chooses age-suited premises, tenant cannot dictate; subseq....
Bona fide requirement for eviction is determined by the landlord's genuine need, not dictated by tenant's preferences.
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