DR. RAJESH VERMA Vs. VINOD GUPTA

JUDGEMENT

(1.) The petitioner-tenant has filed the present revision petition impugning the order dated 22.12.2016 whereby the application moved by the petitioner-tenant for leave to defend was dismissed by learned Additional Civil Judge (Sr. Divn.), Ambala.

(2.) Briefly stated, the respondent-landlord had filed a petition under Sec. 13A(1A) read with Sub Clause (i) of clause (a) of sub Sec. 3 of Sec. 13 of the Haryana Urban (Control of RentEviction) Act, 1973 (hereinafter called 'the Act') for eviction of the petitioner-tenant from the premises in question as detailed in the ejectment petition.

(3.) The premises in question is situated on the corner of Nicholson road in Halwai Bazar, Ambala Cantt. The question for determination by this Court is where a specified landlord, who is in possession of a portion of the building and wanted additional accommodation by seeking the eviction of the tenant, whether tenant is entitled to seek leave to defend, so as to decide the sufficiency and suitability of the occupied portion of the land-lord?