LAWS(P&H)-2010-8-213

OM PARKASH Vs. KRISHAN BHAGWAN BHAWAN & ANOTHER

Decided On August 12, 2010
OM PARKASH Appellant
V/S
Krishan Bhagwan Bhawan And Another Respondents

JUDGEMENT

(1.) Present revision is filed under Sec. 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 challenging the order dated 14.11.2006 (Annexure P-1), passed by the Appellate Authority thereby allowing the appeal of the landlord and directing eviction of the tenant from the demised shop on the ground that tenanted shop remained closed for more than one year before the date of filing of the eviction petition.

(2.) The brief facts of the case are that landlord (petitioner herein) preferred an eviction petition against the tenant-respondent on the two grounds that is non-payment of arrears of rent for the period from 01.01.1998 to 31.08.1999; tenanted premises remained continuously closed for last more than one year before filing of the eviction petition without any reasonable cause.

(3.) It is pleaded by the landlord that tenanted premises is part of the Dharamshala known as Shri Krishan Bhagwan Bhawan. It was initially let out to respondent Om Parkash. The shop remained closed without any reasonable cause continuously for the last more than one year before the date of filing of the eviction petition and in fact Om Parkash is now carrying on the business of manufacturing "Khes" etc. in a shop taken on rent from Municipal Committee, Jind.