M/S MANGAL DEEP Vs. RAJINDER PARSAD

JUDGEMENT

(1.) The petitioner tenant challenges the concurrent findings of the courts below, whereby the eviction petition filed by respondent No.1 landlord had been allowed and he has been ordered to be evicted on the ground of personal bona fide necessity from the shop in question situated at Ground Floor, 33, Old Hospital Road, Palika Bazar, Panipat by the Rent Controller on 26.07.2011 and upheld on 27.07.2012.

(2.) Counsel for the petitioner has placed reliance upon the Full Bench judgment of this Court in 'Banke Ram v. Sarasti Devi' 1977 Vol.1 ILR P & H 786 and the judgment of the Apex Court in 'Ajit Singh and another v. Jit Ram and another' 2008 (9) SCC 699 to contend that the mandatory provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 had not been pleaded and, therefore, the revision petition is liable to be allowed.

(3.) On the contrast senior counsel for respondent No.1 has referred to the pleadings and the evidence led by the parties as such to show that the stand was very clear and no ambiguities were present regarding the stand of the landlord and, therefore, the judgments are not applicable in the facts and circumstances.