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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Ashwani Kumar – Appellant
Versus
Parkasho Devi (Now Deceased) through her LRs – Respondent
| Table of Content |
|---|
| 1. eviction petition details and grounds (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments against the appellate authority's decision (Para 6 , 7) |
| 3. court's reasoning and evaluation of evidence (Para 8 , 9 , 10 , 11) |
| 4. outcome of revision and order (Para 12 , 13) |
JUDGMENT :
HARKESH MANUJA, J.
CM-26062-CII-2015
Application is allowed as prayed for, subject to all just exceptions. Exemption from filing the certified copy of judgment dated 06.08.2009 passed by the Rent Controller, Gurdaspur and true typed copy of judgment and 20.07.2015 passed by the Additional District Judge, Gurdaspur, is granted.
MAIN CASE
1. The petitioner-landowner, by way of present revision petition under Section 15 (5) of The East Punjab Urban Rent Restriction Act, 1949, seeks setting aside of an order dated 20.07.2015 passed by learned Additional District Judge, Gurdaspur (hereinafter referred to as “Appellate Authority”), whereby an appeal preferred by the respondents- tenants against the order dated 06.08.2009 passed by learned Rent Controller, Gurdaspur, allowing the eviction petition preferred at the instance of petitioner-landlord, was accepted, thereby setting aside the eviction order of learned Rent Con
A landlord's bona fide necessity for eviction must be established, and a prior dismissal does not preclude a new application if circumstances change.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
Court affirmed that revising authority cannot re-evaluate factual findings unless they are grossly erroneous or perverse, affirming the standards of evidence interpretation in eviction cases.
The principle of res judicata does not apply if a fresh application is filed on changed circumstances, and the earlier petition was not adjudicated upon on merits.
The appellate court must independently examine the entire evidence on record to decide the material issues effectively between the parties.
The tenant's failure to raise objections during the proceedings precluded the court from entertaining the objection at the revisional stage.
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