JAI GOPAL Vs. OM PARKASH

JUDGEMENT

(1.) AN important point of law arises in this revision as to whether an order of ejectment can be passed under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called the Act) against a tenant solely on the ground that he denied the relationship of landlord and tenant in the ejectment proceedings. The point arises out of the following facts.

(2.) OM Parkash brought an application for ejectment under Section 13 of the Act against Jai Gopal alleging that the shop was in the tenancy of Jai Gopal at a monthly rent of Rs. 75 from August 14, 1970 and that he is in arrears of rent from January 1, 1975 onwards and that the tenant had decreased the rental value of the demised shop by damaging the same. The application for ejectment was, therefore, based on two statutory grounds namely the tenant being in arrears of rent and having damaged the demised premises.

(3.) AFTER coming to the above finding and after following the Single Bench judgment in Smt. Suhag Rani v. Sukhdev, 1971 C.L.J. 391 and a Division Bench judgment in Seha Ram v. Gajan, 1970 C.L.J. 88 of this Court and after not giving much weight to Kanti Lal v. Smt. Ashok Lata : A.I.R. 1977 Pat 118,