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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Sunil Kumar Gupta – Appellant
Versus
Saravjeet singh (now deceased) through lrs. – Respondent
JUDGMENT :
Harkesh Manuja, J. (Oral)
1. By way of present appeal, challenge has been laid to the judgments and decrees dated 04.05.2015 and 19.02.2016 passed by the Courts below, whereby suit for possession by way of ejectment, filed at the instance of respondent-plaintiff, stands decreed.
2. Briefly stating, while claiming himself to be the owner-landlord of the premises in question comprising of two sheds measuring 20' x 42' and 10' x 42'; situated in Block No. 65, Gate No. 1, Village Dariya, U.T., Chandigarh, respondent-plaintiff filed a suit for possession by way of ejectment against the appellant-defendant, besides claiming arrears of monthly rent w.e.f. 01.06.2012 to 31.12.2012 @ Rs. 18,500/- per month, as also praying for mesne profit w.e.f. 01.01.2013 to 31.01.2013 @ Rs. 1,300/- per day along with interest. It was pleaded in the plaint that the tenancy in favour of appellant-defendant was terminated at the hands of respondent-plaintiff vide notice dated 03.12.2012 issued in terms of Section 106 of Transfer of Property Act, 1882 (for short 'the 1882 Act') followed by the filing of suit in hand.
3. Upon appearance, the appellant-defendant filed written statement; though, the fact
(1) Decree passed by civil court is valid and executable which is not interdicted by applicability of the Act to area in question.(2) Rights of parties have to be determined on the date of filing of ....
Consistency in legal arguments is crucial; a tenant cannot change positions contrary to previous admissions in ongoing litigation regarding eviction rights under local law.
Eviction of tenant – Tenant does not have a vested right under Rent Control legislation but it has only a protective right – Such right can be withdrawn at any time.
Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.
A sub-tenant's immunity from ejectment under the U. P. Tenancy Act is upheld, citing protective provisions from another act, ensuring legal rights are honored.
(1) Ouster of jurisdiction of Civil Court is not readily inferred.(2) If a landlord-tenant relationship is disputed, despite exclusive jurisdiction conferred on Revenue Court, to even Order eviction ....
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