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NIDHI GUPTA
Sanjay Kumar – Appellant
Versus
Murari Lal Kalra – Respondent
JUDGMENT :
Ms. Nidhi Gupta, J.
1. The tenant is in revision against the judgment dated 22.11.2024 passed by the learned Appellate Authority, Ambala allowing the appeal of the respondent/landlord against the dismissal of his ejectment petition by the learned Rent Controller, Ambala vide order dated 04.08.2018; and impugned order dated 22.11.2024 (Annexure P1) whereby application under Order 41 Rule 27 CPC for additional evidence filed by respondent/landlord has been allowed.
2. Brief facts of the case are that the respondent had filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as “the Act”), for the ejectment of the petitioner from the shop bearing private no.4, part of property bearing house tax no.1431/4, situated at Shukul Kund Road, Ambala City and bounded as: North: Shop bearing private no.3, part of H.No. 1431/4, Ambala City; South: Passage to house no.1431/4, Shukul Kund Road Ambala City; East: Main Road; West: Property bearing House tax no.1431/4 Ambala City (hereinafter referred to as ‘the demised premises’). The shop in question was let-out by Sh. Ram Chander/ the father of respondent-landlord to Sh. Ram Sa
A landlord seeking ejectment must clearly establish bona fide personal necessity, and concealment of other properties does not negate this requirement.
The genuine need of the landlord for eviction under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.
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.
The court ruled that a landlord's claim for personal use must consider the broader interpretation of 'own use,' allowing for business operations by a son, and established that the eviction petition w....
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