LAWS(CHH)-2014-4-22

RAJENDRA SHANKAR SHUKLA Vs. RAMDEV SAHU

Decided On April 02, 2014
RAJENDRA SHANKAR SHUKLA Appellant
V/S
Ramdev Sahu Respondents

JUDGEMENT

(1.) Heard.

(2.) On, the other hand, learned Counsel for respondent No. 1 submits that the power conferred on the Rent Controller to grant eviction of the landlord on the stated ground vests him with the power to grant interim relief. The accommodation was required by the landlord for organising the marriage of his daughter. He had no other accommodation to conduct marriage ceremony. He also submits that the tenant has put a lock in the premises, which shows that the tenant is not residing in the accommodation. Therefore, there is no jurisdictional illegality in the order directing recovery of possession.

(3.) In the present case, the respondent-landlord has initiated proceedings for eviction of the petitioner-tenant by filing an application under Section 12(2) of the Act of 2011 mainly on the ground that there is default of payment of rent; despite notice for payment of arrears of rent; rent has not been paid; the accommodation is required by landlord; tenant is causing nuisance; tenant is not presently using the accommodation and it has been kept under the lock. Later on, application for interim relief was also filed by the landlord praying that he needs the premises for organising marriage of his son and daughter. Therefore, as an interim measure the possession of the tenanted premises be handed over to him.