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Head Note

Civil Law  - Haryana Urban (Control of Rent and Eviction)

Haryana Urban (Control of Rent and Eviction) Act, 1973 - License - Lease - PW- 6 deposed that defendant was a licensee in open piece of land, adjoining to residential complex of the Church and said piece was part of land of the Church -In the first round of litigation initiated by grandmother of defendant, after it was agreed between parties that license shall be renewed for one more year for Rs.5,000/-, the suit was withdrawn by her -Plaintiff failed to prove that he was a tenant in the open land as pleaded by him - Judgment passed by first appellate court reflects that it also found that the defendant failed to prove himself to be statutory tenant as pleaded by him - First appellate court held to have erred in not accepting the finding of the trial court, and reversing the same - High Court has also erred in ignoring the title of the plaintiff, based on judgment between Haryana Church Welfare Association and defendant's grandmother, particularly in view of the fact that DW-1 (defendant) has admitted in the cross examination that the local church merged with the plaintiff/church - Judgment and decree passed by the first appellate court and that of the High Court liable to be set aside - Decree passed by the trial court restored - Defendant directed to vacate the land in question within a period of two months.

Topic(s)-Haryana Urban (Control of Rent and Eviction) - Eviction - Allowed