Case Note & Summary
The case involved an eviction proceeding initiated by the appellant landlord against the respondent tenant under the Haryana Urban (Control of Rent & Eviction) Act, 1973, primarily on the ground of personal necessity. The appellant had inducted the respondent as a tenant in August 1995 and sought eviction in April 1998, asserting that he required the entire house for himself and his family. The Rent Controller initially rejected the eviction petition in August 2004, but the Appellate Authority later allowed the appeal, recognizing the landlord's personal necessity. However, the High Court set aside this order, citing the landlord's failure to meet specific statutory requirements. The Supreme Court found that the High Court's decision was based on an error of record, as the necessary declarations were indeed made in the eviction petition. The Court emphasized that the appellant's retirement from service and the growing needs of his family justified the eviction. The appeal was allowed, restoring the Appellate Authority's order and granting the tenant six months to vacate the premises.
Headnote
A) Rent Control - Eviction on Grounds of Personal Necessity - Compliance with Statutory Requirements - Haryana Urban (Control of Rent & Eviction) Act, 1973, Section 13(3)(a)(i) - The appellant landlord sought eviction based on personal necessity, which was initially rejected by the Rent Controller but later accepted by the Appellate Authority. The High Court's dismissal of the eviction petition was based on an erroneous finding regarding the landlord's compliance with statutory requirements, which was rectified by the Supreme Court. Held that the appellant's need for the tenanted premises was genuine and justified (Paras 11-17).
Issue of Consideration
Whether the appellant landlord established personal necessity for eviction under the Haryana Urban (Control of Rent & Eviction) Act, 1973.
Final Decision
The Supreme Court allowed the appeal, restored the order of the Appellate Authority, and granted the respondent six months to vacate the tenanted premises.
Law Points
- Eviction proceedings
- personal necessity
- landlord's rights
- error of record
- compliance with statutory requirements
