Haryana rent laws

Munish Kumar Garg (Querist) 11 August 2015 This query is : Resolved
Hello Sir

My problem is that:-

In a eviction petition filed at the instance by the co-owner/landlord i.e. petitioner claiming personal bonafide necessity of the premises in question was controverted by the Tenant i.e. respondent no.1 and co-owner of the property i.e. respondent no.2, who is the real brother of the petitioner/landlord/co-owner, by filling their separate written statements but the co-owner, who is the real brother does not opt to put in appearance in witness-box to fortify the claim of the petitioner/landlord.

However, ld. Courts below dismissed my eviction petition only on the ground that as the consent of the other co-owner/respondent no.2 is required if he is disputing the bonafide necessity of the co-owner/landlord/petitioner.

But my submissions to this His Lordship are that as the other co-owner/respondent no.2 has not appeared in witness-box then his written statement cannot be taken against me, as he has not opted to prove his stand in witness-box.

But His Lordship observes that may be he is not opting to appear in witness-box but filling of written statement itself is sufficient to refute your claim and ordered me to cite some law on this pretext only.

So my request to all of you, please help me out in this regard.

Note:- CPC is not strictly application in Haryana Rent Laws.

Munish Garg
Advocate

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M V Gupta (Expert) 16 August 2015
The issue involved in the suit is considered in the following decisions --
1. Shri Ram Pasricha VS Jagannath. AIR 1976 SC 2335.
2. Mathura Das Vs Smt Ram Piari - AIR 1982 PUNJ&Har 286.
3. Sharfuddin and Ors VS Bibi Khatija & anr - AIR 1988 Patna 58.
The case sited at 2 above is exactly on the question whether one of the co-owners suit for eviction of tenant on ground of personal use is maintainable even if one the othe co owner colludes with the tenant and opposes the suit.(source "indiankanoon.org. You may site the above decisions to satisfy the Court in ur case.

T. Kalaiselvan, Advocate (Expert) 17 August 2015
The advise rendered by expert Mr. Gupta seems to be suitable, why dont you try that, but since your case stands dismissed, you may include the citation only in the appeal.