YOGESHWAR PARSHAD Vs. JAINENDRA GURUKUL PANCHKULA

JUDGEMENT

(1.) While assailing the concurrent findings of fact arrived by the Rent Controller as well as by the Appellate Authority, the tenant has filed the present revision petition. At the outset, it must be noticed that the petitioner has made all the possible attempts to delay the decision of the case. Initially, the eviction petition was filed by the respondent, which is a educational society, claiming that it requires the premises for construction of Bhagwan Mahavir Jain University on 15/6/2001. The eviction was also sought on the ground of non-payment of rent and changes made in the tenanted premises without permission and written consent of the landlord. The petitioner did not participate resulting in an ex parte judgment dtd. 28/1/2006. Thereafter, on an application filed by the petitioner, the ex parte judgment was set aside and the petitioner was permitted to contest. Again, the Rent Controller ordered his eviction on 26/11/2014, which has been affirmed by the Appellate Authority by judgment dtd. 21/8/2018. The eviction has been ordered by both the Authorities on non-payment of rent as well as the bonafide necessity of the respondent.

(2.) This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the judgments passed by the Courts below as well as the record, which was requisitioned.

(3.) The learned counsel representing the petitioner has contended as under:-