LAWS(P&H)-2022-10-122

SUKHBIR Vs. MANGAT RAI KAWATRA

Decided On October 27, 2022
SUKHBIR Appellant
V/S
Mangat Rai Kawatra Respondents

JUDGEMENT

(1.) The present revision petition has been filed at the instance of the petitioner-tenant challenging the eviction order dtd. 3/2/2018 passed against him by the learned Rent Controller and affirmed by the appellate Authority vide its judgment dtd. 10/8/2021.

(2.) Brief facts leading to the present revision petition are that the respondent-landlord filed an eviction petition against petitioner-tenant qua tenanted premises comprised of two shops measuring 20 X 20 ft., forming part of property No.17-A, Narain Singh Park, Panipat. Eviction was sought on the ground of arrears of rent; bona fide necessity of the respondent as well as structural alterations having been made by the petitioner-tenant resulting into weakening of the tenanted premises. In response, the petitioner-tenant filed his written statement admitting the factum of tenancy besides tendering the arrears of rent before the learned Rent Controller. Further, the petitioner-tenant disputed the bona fide necessity of the respondent-landlord and also challenged the averment of having made any structural alterations in the tenanted premises.

(3.) The respondent-landlord filed a rejoinder to the written statement of the petitioner-tenant. The learned Rent Controller vide its order dtd. 3/2/2018, allowed the eviction petition holding that the tenanted premises was required by the respondent-landlord for his own bona fide need, though, the plea raised by landlord qua tenant having impaired the value of tenanted premises did not find favour with the Rent Controller. Aggrieved against the eviction order dtd. 3/2/2018 the petitioner filed first appeal. However, the Appellate Authority vide its impugned judgment dtd. 10/8/2021, dismissed the same thereby confirming the eviction order passed against the petitioner on the ground of bona fide need of the respondent-landlord.