The respondent, however, denied that assertion.
Raja Ram Agarwal, B.P. Maheshwari, S.N. Agarwal and B.S. Gupta for the Respondent.
On 14th January, 1974, an application for ejectment was filed before the Rent Controller by the respondent on grounds of a number payment of rent, b sub letting, and c bona fide requirement.
Few months prior thereto that is to say on 10th July, 1971, the respondent had purchased another house near Kabir Bhavan, Gurgaon.
From the Judgment and Order dated 10.1.1980 of the Punjab and Haryana High Court in C.R. No.
Such additional evidence were permitted to be adduced and were recorded on various dates.
Before the Authority, an, application was made for admission of additional evidence by the respondent landlord.
The Rent Controller on 7th November, 1978 rejected the petition of the landlord on the ground that the landlord had number been able to prove all the ingredients of section 13 3 a i of the Act.
The appellant took on rent the premises in question from the previous landlord in or about July, 1962.
The appellant herein filed a revision petition as mentioned hereinbefore before the High Court under section 151 of the Code of Civil Procedure, and the same was dis missed by the High Court in limine on 10th January, 1980.
The premises hereinafter will be referred as the premises.
The assertion of the appellant was that this was a benami transaction.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent thereafter filed an appeal before the Appellate Authority.
459 of 1980.
Those findings are number in dispute in this appeal.
The only ground that survives is the bona fide requirement of the landlord.
It is asserted that the sale was to one Resham Devi who is alleged to be the sister in law of the respondent.
13, District Gurgaon from the previous landlord.
On or about 11th October, 1971, the respondent purchased the premises in question being suit No.
On 7th August, 1972 the respondent sold the said house near Kabir Bhavan.
292 of Ward No.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This appeal by special leave is from the decision of the Punjab Haryana High Court dated 10th January, 1980.
The appeal arises out of the summary dismissal of the revision petition filed by the tenant under section 151 of the Code of Civil Procedure from the decision of the appellate authority under the Haryana Urban Control of Rent and Eviction Act, 1973 being Act No.
The appellant is the tenant.
34 of 1980 K. Banerji, V.C. Mahajan, Mrs. Urmila Kapoor and Ms. Prabhawathy for the Appellant.
The appellants case was that the respond ent got vacant possession of the same.
11 of 1973 hereinafter referred to as the Act .
