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Issues:
Eviction under the Haryana Urban (Control of Rent And Eviction) Act, 1973; Interpretation of Section 13(2) of the Act; Allegations of non-payment of rent; Proper procedure for seeking eviction; Impleading parties in eviction proceedings; Rights of tenants in possession; Scope of relief sought by the landlord; Application of relevant legal precedents. Analysis: The judgment pertains to an appeal arising from eviction proceedings under the Haryana Urban (Control of Rent And Eviction) Act, 1973. The key issue revolves around the interpretation of Section 13(2) of the Act, which allows a landlord to seek eviction of a tenant for non-payment of rent. The Controller may order eviction if the tenant fails to pay or tender rent within the specified time frame. The case involved a dispute between a landlord and a tenant regarding possession of a shop building. The landlord sought eviction of the tenant, but the Controller dismissed the application as the tenant in question was not the real tenant. The appellate authority and the High Court upheld this decision. The appellant argued that the lower courts misinterpreted the Act by rejecting the eviction application. The appellant contended that non-payment of rent by the tenant justifies eviction, even if the specific tenant is not named in the application. However, the Supreme Court disagreed with this argument. The Court emphasized that the application for eviction must be based on valid grounds specified in the Act. In cases where the real tenant is not targeted correctly, the landlord cannot succeed in obtaining an eviction order. The Court highlighted that a party cannot be granted a relief not claimed, especially if it prejudices the other party's rights. The Court further discussed the importance of impleading parties in eviction proceedings. It noted that impleading a party does not automatically imply their agreement to eviction. The Court cited legal precedents to support the principle that a plaintiff cannot receive relief contradictory to their case if it causes prejudice to the defendant. The judgment emphasized the necessity of following proper procedures and seeking relief as per the statute's requirements. In conclusion, the Supreme Court dismissed the appeal, finding no merit in the arguments presented. The Court upheld the decisions of the lower courts and made no order as to costs. The judgment clarifies the proper procedure for seeking eviction under the Haryana Urban (Control of Rent And Eviction) Act, emphasizing the importance of correctly identifying parties and following statutory requirements for eviction proceedings.
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