MOHINDER KUMAR Vs. MOHINI DEVI
LAWS(P&H)-2008-11-58
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 26,2008

MOHINDER KUMAR Appellant
VERSUS
MOHINI DEVI Respondents

JUDGEMENT

MAHESH GROVER, J. - (1.) THIS revision petition is directed against the order of the Appellate Authority dated 11.10.2008.
(2.) THE petitioner is the tenant who is facing ejectment proceedings on a petition having been preferred by the respondent-landlord under the provisions of Section 13-B Haryana Urban (Control of Rent and Eviction) Act, 1973. The respondent had pleaded that the petitioner was in arrears of rent and also pleaded personal necessity. Initially the petition was filed by Siri Ram who is father of the present respondent. Siri Ram died during the pendency of the proceedings. For the purposes of prosecution, Siri Ram in his life-time has executed special power of attorney in favour of one of the respondents namely Prem Kumar PW1 who is his son. The Rent Controller framed following issues :- "1. Whether the respondent is in arrears of rent as alleged in the petition ? OPP. 2. Whether the tenanted premises is required by the petitioner for his own use and occupation as alleged in the petition. OPP ? 3. Whether the petition is liable to be dismissed. OPR
(3.) RELIEF ." 4. After appraisal of the evidence, learned Rent Controller dismissed the ejectment petition which resulted in appeal being filed before the Appellate Authority which has now accepted the ejectment petition and ordered the eviction of the petitioner by primarily holding that the bona fide need of the respondent-landlord stands established.;


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