ASHOK KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) THE tenant is in revision against the order of the learned Appellate Authority, Hisar, dated 17.3.2006, by which order of the learned Rent Controller, Hisar, dated 19.10.2005, has been set aside and the ejectment petition filed by the Respondent/landlord has been accepted.

(2.) IN brief, the facts of the case are that the Respondent/landlord had filed eviction petition under the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short, 'the Act'), in respect of a shop which is a portion of a building beating MCH No. XVIII -674, Old No. 696/467/1, situated at Mohalla Sanian, Hisar, on the ground of non -payment of rent and also on the ground that at the time of death of his mother Smt. Darshna Devi, he was a minor as his Date of Birth is 30.1.1979 and has neither any shop in Hisar, State of Haryana as well as in India nor has vacated any shop since 1949 and the shop in question is required for his personal use and occupation because he wanted to carry on the business of cycle repairs.

(3.) THE Respondent had filed an appeal before the learned Appellate Authority in which finding of fact with regard to the nature of building was reversed and it was held that the demised premises is a non -residential building, therefore, the provisions of Section 13 (3 - A) of the Act are squarely applicable.