Hans Raj vs Prem Chand Bansal (Since Deceased)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1383

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Hans Raj – Appellant
Versus
Prem Chand Bansal (Since Deceased) – Respondent

Advocates Appeared:
For the Appellants : Sumeet Mahajan, Saksham Mahajan, Shrey Sachdeva, Prateek Gupta
For the Respondents: Amit Jain, Aryaman Thakur

JUDGMENT :

PANKAJ JAIN, J.

1. These two revisions are directed against order dated 04.05.2018 passed by Appellate Authority under The Haryana Urban (Control of Rent and Eviction) Act, 1973 whereby eviction has been ordered from shop as detailed out in the headnote of the eviction petition (hereinafter referred to as the demises premises).

2. Landlord filed eviction petition under Section 13 of the 1973 Act claiming that the demised premises was let out by him and his brother Jagan Nath to respondent No.1 vide rent note dated 01.12.1997 at a monthly rent of Rs.7,000/-. As per terms and conditions of the rent note, respondent No.1 was under obligation to enhance monthly rent by 20% on expiry of every 03 years. At enhanced rent, the monthly rent payable at the time of filing of the eviction petition was Rs.12016. Tenant was in arrears of rent since 01.04.2004. The second ground pleaded seeking eviction was that respondent No.1 had subletted shop in question to respondent No.2 without written consent and approval of the petitioner. Respondent No.2 was in exclusive possession of the shop in question and was independently running business under the name and style of M/s. Suhag Churi Bhanda