Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Haryana Urban (Control of Rem and Eviction) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Haryana Urban (control of Rent and Eviction) Act, 1973 (11 of 1973) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Haryana Urban (Control of Rem and Eviction) Act, 1973, s. 13(3)(a)(i) and 15(4)-Application for ejectment--Bonafide requirement of building by landlord-Jurisdiction of appellate authority to admit additional evidence. Statutory interpretation-Rent Act-A beneficial legislation-Whether it should be read reasonably and justly. On 11th October 1971, the respondent-landlord purchased a house in which the appellant was a tenant since 1962. He had also purchased another house in the same district on 10.7.1971 but sold away the same on 7.8.72 as it was not vacant. On 14th January, 1974, the respondent-landlord filed an eviction petition against the appellant tenant inter alia on the ground of bona fide personal requirement. The Rent Controller rejected the petition holding that all the ingredients of s.13(3)( a)(i) of the Haryana Urban (Control of Rent and Eviction) Act 1973 had not been proved.Aggrieved by the order of the Rent Controller, the respondent filed an appeal before the Appellate Authority alongwith an application for adducing additional evidence. The Appellate Authority allowed the said application, recorded the additional evidence and allowed the appeal, holding that: (i) the need of the respondent was bona fidle; (ii) that the vacant possession of the house purchased on the 10th July 1971 by the respondent-landlord had not been obtained; and (iii) that the sale of the aforesaid house by the respondent was not a benami transaction. The High Court dismissed the revision petition of the appellant in limine. |
Judge | Honble Mr. Justice Sabyasachi Mukherjee |
Neutral Citation | 1986 INSC 265 |
Petitioner | Yudhishter |
Respondent | Ashok Kumar |
SCR | [1987] 1 S.C.R. 516 |
Judgement Date | 1986-12-11 |
Case Number | 459 |
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