haryana rent act
shubhra
(Querist) 23 February 2011
This query is : Resolved
In haryana I filed an eviction petion against my tenant on grounds that he own a shop and material imparemnet and utility of shop. I have put in court the tax assessment copy and copy sale deed and got it proved from tehsildar and also the tenant has agreed owning to that. The shop the tenant owns is quite bigger than the shop he has rented from us. The is case is on the stage of dw and the dw are to be closed on the next date. When we filed this case in 2001 the act said about eviction of a tenant owning his own reidential building and the said provison was for only residential proferties.
Also although we allowed to affix him a shutter on the font of the shop. He enchroached aupon municipal land and put shutter after encroadhing 5 feet in front of his shop.
Now after the ruling that commercial and residential buildings are at par. Our Plaint was allowed by the honorable rent controller.
Now the tenant filed appeal. The appeal was fixed for final arguments but the appealent filed an Application under section .15 (4) of the Haryana
Urban (Control of rent and Eviction), Act,
1973 for making further enquiries
under Order 26 Rule 9 CPC or appoint of the Local Commissioner.
HE ACTUALLY SAYS SINCE ALMOST ALL SHOPS HAVE ENCROACHED IN THE VICINITY. THE LOCAL COMMISSIONER SHOULD FILE THE REPORT.
IS THIS APPLICATION MAINTAINABLE. cAN YOU GIVE SOME CITATIONS ?
shubhra
(Querist) 23 February 2011
Shashikumar sir
You had given advise " forget no eviction possible"
But we got the orders for eviction our application was allowed. It is commonsense if the tenant had filed appeal he is bound to have lost the case. Our Apllication was allowed.
Parveen Kr. Aggarwal
(Expert) 23 February 2011
Such an application is generally not allowed in appeal.
In your case, the eviction is not on the ground of encroachment but acquisition of property by the tenant and material impairment of the value and utility of the demised premises. So, even if the other shopkeepers have made encroachment that cannot affect the decision of your case. It is unlikely that the application will be allowed by the Appellate Authority.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 February 2011
It is start of the journey sir , pl do not get over confident. Even execution applications go upto SC.
shubhra
(Querist) 23 February 2011
Thanks for your honest support. But please do not dwindle people's faith in india's Judicial system. If your opinion has been wrong it does not mean the end of road. I do not know which place you are from. But in Ambala the appealate Sessions are very fast. The appeal was filed on 3rd Jan, then adjorned for final arguments on 25th Jan, then 2nd feb, 3rd feb, 9th feb ,then 22nd feb so the appealant has already taken 5 adjornments on request. We fought at the lower court for 9 years. Atleast 50% of journey is over as of now. I think you are pro tenant. And i understand it. Every one in india has a right to his point of view.
shubhra
(Querist) 23 February 2011
Sashikumar sir,
better if you can throw some light on the application.
"Now the tenant filed appeal. The appeal was fixed for final arguments but the appealent filed an Application under section .15 (4) of the Haryana
Urban (Control of rent and Eviction), Act,
1973 for making further enquiries
under Order 26 Rule 9 CPC or appoint of the Local Commissioner.
HE ACTUALLY SAYS SINCE ALMOST ALL SHOPS HAVE ENCROACHED IN THE VICINITY. THE LOCAL COMMISSIONER SHOULD FILE THE REPORT.
IS THIS APPLICATION MAINTAINABLE. cAN YOU GIVE SOME CITATIONS ?"
WE SINCERELY WANT TO USE YOUR EXPERIENCE.
Parveen Kr. Aggarwal
(Expert) 23 February 2011
The following judgments may be of some help for you:
1. Didar Singh Versus Daulat Ram 1984 (2) Rent Law Reporter 665 (P&H)
2. D.R. Kapoor Versus Rattan Singh 1977 (2) Rent Law Reporter 135 (P&H)
shubhra
(Querist) 24 February 2011
parveen sir
thanks a lot for your help.
