HARI RAM Vs. MADHO RAM

JUDGEMENT

(1.) THIS is a tenant's revision and has been directed against the judgment dated 9.2.1983 passed by the Court of appellate authority under Haryana Urban (Control of Rent and Eviction) Act, 1973, Karnal vide which he allowed the appeal of the landlord by setting aside the order dated 18.5.1982 passed by the learned Rent Controller who had dismissed the ejectment application of the landlord holding that it is not proved on the record that the landlord required the demised premises bonafide. However, the learned appellate authority granted one month's time to the petitioner-tenant to vacate the premises.

(2.) BEFORE I give the facts of this case I may make a mention here that the present revision was filed by Shri Hari Ram tenant against Shri Madho Ram, landlord. During the pendency of this revision Shri Madho Ram, landlord, has expired and his Legal Representatives have been brought on record.

(3.) EJECTMENT application was contested by the tenant on the plea that the landlord had not accepted the rent in spite of being tendered in the Court. It was also stated that the landlord has got another house which has sufficient capacity of accommodation. Moreover, there was other tenants in the building in question against whom no petition for ejectment was filed. Reference was also made to another portion of the building which was vacated recently but had been let out to someone else. In these circumstances, the dismissal of the petition was sought for.