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VIKAS BAHL
Sandeep Kumar – Appellant
Versus
Savita Devi – Respondent
JUDGMENT :
Vikas Bahl, J.
CM-4195-CII-2025
1. This is an application filed under Order 9 Rule 9 read with Section 151 CPC for restoration of the case and recalling of order dated 13.02.2025.
2. For the reasons stated in the application which is duly supported by an affidavit, the present application is allowed and order dated 13.02.2025 is recalled and the main case is restored to its original number and is taken up on Board today itself for final disposal.
Main case
1. Challenge in the present revision petition is to the judgment dated 06.02.2024 vide which the Rent Controller had allowed the eviction petition filed by the respondent-landlady under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter to be referred as “the 1973 Act”) and had further directed the petitioner to pay use and occupation charges of the disputed premises @ Rs.2000/- per month from the date of order till the premises are actually vacated. Challenge is also to the judgment dated 08.01.2025 vide which the appeal filed by the petitioner was dismissed.
2. Learned counsel for the petitioner has submitted that there is no relationship of landlord and tenant between the petitioner and
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.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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.
Eviction under the East Punjab Urban Rent Restriction Act requires only prima facie proof of title, which was established by the landlord through a gift deed amid claims of necessity for accommodatio....
The principle of res judicata does not apply if a fresh application is filed on changed circumstances, and the earlier petition was not adjudicated upon on merits.
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