Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction:Haryana Urban (Control of Rent and Eviction} Act, 1973, Ss. 13(2}(v) and 15(6): Suit for eviction on ground that tenant ceasing to occupy the suit premises without reasonable cause-Decreed by Rent Controller-Affirmed by Appellate Authority-Reversed by High Court in revision--On appeal, Held: No fault could be found in the manner of dealing and marshalling of evidence by the D Rent Controller and its re-evaluation by the Appellate Authority-Protection to tenant available so long as tenant occupies the premises in terms of tenancy agreement-Landlord could evict a tenant on breach of conditions of tenancy agreement-Burden of proof lies on landlord-When Landlord discharged his burden by showing breach of condition by the tenant, ground for eviction made out-Onus shifts on tenant to rebut the same by showing reasonable cause-Landlord has made out a case for eviction by establishing that the tenant ceased to occupy the suit premises for quite a long period but tenant failed in discharging his onus-Thus, the Rent Controller rightly arrived at the findings- High Court by re-appreciating evidence misread the evidence to some extent and reversed the well considered findings of the Courts below-- Hence, judgment of the High Court set aside and that of the Rent Controller restored.Constitution of India, 1950: Revisional Jurisdiction of High Court: Held: Under its revisional jurisdiction it is not open to High Court to re-appreciate evidence. Words and Phrases: 'possession' and 'occupy '-Meaning of. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2004 INSC 207 |
Petitioner | Ram Dass |
Respondent | Davinder |
SCR | [2004] 3 S.C.R. 518 |
Judgement Date | 2004-03-24 |
Case Number | 3868 |
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