VIJAY KUMAR Vs. MANAGING COMMITTEE ARYA COLLEGE, PANIPAT

JUDGEMENT

(1.) Present execution second appeal (ESA) has been filed against the impugned orders passed by both the Courts below, whereby third party objections of the appellant were rejected.

(2.) It is contended by learned counsel for the appellant that he is continuing as a tenant in the shop in dispute since the year 2005 at the monthly rent of Rs.2000/-, but he was not impleaded as a party in the eviction petition filed by respondent/landlord No. 1-Managing Committee, Arya College, Panipat (for short 'College') and thus, the eviction orders are not binding upon him. Heard learned counsel for the appellant and perused the paper-book.

(3.) It transpires that College filed an eviction petition dated 02.04.2011 under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'Act of 1973') against respondent No.2-Subhash Chand (tenant) on the ground of non-payment of rent as well as bonafide necessity. After contest, the eviction petition was allowed by learned Rent Controller on the ground of necessity of the College, vide order dated 12.02.2014.