Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Subhash Chand – Appellant
Versus
Gaurav Adlakha – Respondent
JUDGMENT :
Archana Puri, J.
1. The present revision petition has been filed by the petitionertenant to assail the judgment dated 29.04.2023 passed by learned Appellate Authority, whereby, an appeal filed by the respondent-landlord to challenge the order of dismissal of the eviction petition dated 02.09.2022 passed by learned Rent Controller, was allowed and eviction of the petitioner-tenant was ordered.
2. For the convenience of discussion, the parties are referred to as petitioner and respondent, as making appearance before learned Rent Controller.
3. The facts germane, to be noticed, are as follows:-
4. That, Gaurav Adlakha, while asserting himself to be one of the landlord/owner of shop No. 3, measuring 11ft. 21 ft. (25.66. square yards), had filed a petition to seek eviction of Subhash Chand-tenant.
5. It was asserted that earlier Smt.Kheri Bai, wife of late Sh.Sobha Ram was owner of plot No. 2A/12 B.P. NIT Faridabad, area measuring 640 square yards, by virtue of sale deed No. 328 dated 20.08.1962, duly registered with Sub-Registrar, Ballabhgarh. The demised shop was let out to respondent (Subhash Chand), under the agreement dated 19.11.2007 by one of the co-owner, namely Sanjay Adhl
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 eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
Tenants denying landlord-tenant relationship cannot seek rent assessment; landlady's bona fide need for eviction upheld.
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....
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....
The judgment establishes the importance of proving landlord-tenant relationship, genuine need, and lack of alternate suitable accommodations in eviction cases under the Delhi Rent Control Act.
Tenancy and Land laws - Eviction - There is nothing that petitioners have been able to bring forth to indicate that finding has been arrived at by a misreading of facts or omitting relevant evidence ....
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
