ARUN KUMAR Vs. ASHOK KUMAR CHHABRA

JUDGEMENT

(1.) This revision petition is directed against judgment dated 20.5.2009 passed by the Appellate Authority, Ambala by which the appeal of the respondent-tenant was accepted, the judgment dated 10.4.2008 of the Rent Controller, Ambala Cantt. was set aside and the eviction application filed by the petitioner-landlord was rejected.

(2.) An application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act,1973 was preferred by the petitioner for ejectment of the respondent from the room which was let out to him. It was pleaded by the petitioner that the room was required by him for the purpose of setting up business for his son. It was further pleaded that the room in question was being used by the respondent as a shop.

(3.) The respondent contested the application and disputed the right of the petitioner to file the same as he was not owner of the tenanted premises. An oblique attempt was also made by the respondent to deny the relationship of tenant and landlord to say that the petitioner had been taking rent from him on the strength of misrepresentation. The respondent had pleaded that the room was primarily residential and the municipal authorities had also sanctioned the site plan accordingly and, therefore, the petitioner could not get the same vacated on the ground that he wanted to set up a shop therein for his son and put it to commercial use.