JUDGEMENT
AUGUSTINE GEORGE MASIH, J. -
(1.) C.M. No. 17197-CII of 2015 C.M. is allowed subject to just exceptions. Filing of certified copy of
order dated 12.03.2015 passed by the Rent Controller, Narnaul is
dispensed with.
C.R. No. 5424 of 2015
Challenge in this revision petition is to the order dated 12.03.2015
passed by the Rent Controller, Narnaul, whereby petition under Section 13
of the Haryana Urban (Control of Rent and Eviction) Act, 1973 preferred
by the respondent-landlord for eviction of the petitioner-tenant was
allowed, appeal against which preferred by the petitioner has been
dismissed by the Appellate Authority on 14.05.2015.
(2.) It is the contention of the learned counsel for the petitioner that the eviction from the demised premises, which is a shop, was sought by
the respondent-landlord primarily on the ground of personal necessity,
which both the Courts below have found to be correct. He states that
these findings, as recorded by the Courts below, cannot sustain in the
light of the fact that the respondent-landlord has two other shops
adjacent to the shop in question. Not only this, the respondent was owner
of other two shops in the Anaj Mandi, which he had sold about 7-8 months
prior to the filing of the eviction petition. Keeping in view these
facts, it cannot be said that the need on the part of the respondent is
bona-fide and genuine. That apart, he contends that there are two other
shops along with the shop of the petitioner and qua them also, eviction
petitions have been filed but the same are still pending. As has been
projected in the petition, the intention is to use all these shops for
the purpose of the sanitary and marble shops. The purpose by vacating one
of the shops, as in the case of the petitioner, when petitions for
eviction qua two other shops are pending would not be served and,
therefore, the Courts have proceeded wrongly to consider and decide the
eviction petition of the respondent-landlord isolatedly. He, on this
basis, contends that the present revision petition deserves to be allowed
by setting aside the impugned orders.
(3.) Since a caveat has been filed by the respondent-landlord, I have heard the counsel for the respondent.
The caveat stands discharged.;
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