Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Birju Alias Birji – Appellant
Versus
Sanjeev Kumar – Respondent
JUDGMENT
Deepak Gupta, J.
This is tenant's revision against the order dated 31.07.2024 passed by Ld. Appellate Authority, dismissing the appeal of the petitioner-tenant against the ejectment order dated 17.08.2022 passed by learned Rent Controller.
2.1 Petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 was filed by the landlord-Sanjeev Kumar (respondent herein) for eviction of the tenant (petitioner herein) from the demised premises on the ground of non-payment of arrears of rent and bona fide necessity. The tenant i.e. (petitioner herein) denied the relationship of landlord and tenant. He further disputed the bona fide necessity and claimed that rent had already been paid.
2.2 Necessary issues were framed. Evidence produced by parties were taken on record. Learned Rent Controller vide order dated 17.08.2022 found that there existed relationship of landlord and tenant between the parties. The arrears of rent as assessed by the Rent Controller were already paid and as such, said ground was found to be no longer available to the landlord. Ejectment was allowed on the ground of bona fide necessity.
2.3 The order of the Rent Controller has been upheld by t
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
The court upheld the ejectment order based on established landlord-tenant relationship and personal necessity, confirming the validity of the lower courts' findings.
Landlords have the discretion to determine the necessity of their premises, unencumbered by tenant objections or court interference.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
