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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Hans Raj – Appellant
Versus
Prem Chand Bansal (Since Deceased) – Respondent
| Table of Content |
|---|
| 1. eviction petition filed under rent control act. (Para 1 , 2) |
| 2. appellate authority's reasoning for eviction. (Para 6 , 8) |
| 3. arguments against eviction appeal. (Para 7 , 10) |
| 4. court observes evidence and testimonies. (Para 9 , 19) |
| 5. court's statement on co-owner's rights. (Para 11 , 21) |
| 6. ratio on co-owners maintaining eviction. (Para 24 , 28) |
| 7. final dismissal of revision petitions. (Para 30 , 32 , 33) |
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 fi
A co-owner can maintain an eviction petition without other co-owners' consent, provided there are no objections, reaffirming that the landlord-tenant relationship must be established for eviction und....
The main legal point established in the judgment is that the co-owner's consent is not required for filing an eviction petition, and the tenant's objections regarding suitable alternative accommodati....
Revisional jurisdiction under rent act limits interference to perversity or illegality, not reappreciation; impleaded subtenant has locus to challenge; pleading deficiencies non-fatal absent prejudic....
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
The crucial date for determining the landlord's bona fide requirement is the date of filing the eviction petition.
It was observed that 'as a general rule the only cases in which decisions should be held to have been given per incuriam are those of decisions given in ignorance or forgetfulness of some inconsisten....
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