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VIKAS BAHL
Vijay Kumar – Appellant
Versus
Mahavir Prashad – Respondent
JUDGMENT :
Vikas Bahl, J.
1. The petitioner-tenant has filed the present revision petition challenging the order dated 30.03.2024 vide which the Appellate Authority, Narnaul had set aside the judgment dated 01.11.2018 passed by the Rent Controller, Narnaul and had allowed the eviction petition filed by the respondent-landlord under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter to be referred as “the 1973 Act”) on the ground of bona fide necessity.
2. Brief facts in the present case are that the respondent landlord had filed an application for eviction (Annexure P-1) on 17.04.2017 under Section 13 of the 1973 Act, of one shop which was situated at Mohalla Kailash Nagar, Rewari Road, Narnaul, Tehsil Narnaul, District Mahendergarh. A perusal of the said application for eviction (Annexure P-1) would show that it was the case of the respondent-landlord that the premises in question was let out to the petitioner-tenant vide rent note dated 22.05.1989 at the rate of Rs.300/- per month besides house tax for three months. It was stated that the period of tenancy had already expired and the present petitioner was holding the possession of the shop in disp
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.
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
The landlord's right to evict based on personal necessity is upheld when legal ownership and bona fides are established, with eviction supported by preceding legal documents.
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