Suit for eviction of tenant under haryana rent control act
Querist :
Anonymous
(Querist) 28 June 2011
This query is : Resolved
i have a civil revision pending in the high court in the subject case. brief facts of the case are:- A shop was given on hire by X to Y in the year 1988 but Y continuously failed to pay the rent and in the meanwhile X wanted that shop to start his own business.the shop was in the name of X's father and there was one other shop in which X cannot work as the said shop is in the name of his brother and mother and he is having strained relations with them. therefore, X filed an eviction suit before the Rent Controller on the ground of personal necessity as he needed to start his own business at the said shop. the Rent controller decided the case in favour of X and ordered the eviction of Y. Y preferred an appeal in the court of learned DJ and his appeal was allowed and the Court held that there was no personal necessity. X preferred an appeal in High Court. Now, I need help and case laws urgently on the following issues: 1. Personal necessity of the land lord; 2. the shop was in the name of X's father and there was one other shop in which X cannot work as the said shop is in the name of his brother and mother and he is having strained relations with them.
The current citations of even SC are not applicable to protected tenants under state rent control acts.
Regarding personal requirement unless you prove that your need is better than the tenant that is you will be put in more distress than the client NO HOPES from court of law.
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