RAJNI ARORA Vs. KRISHNA DEVI

JUDGEMENT

(1.) This is tenant's revision petition challenging the impugned order dated 19.4.2006 of the Rent Controller, Hisar ordering their eviction from the demised premises holding that the same is required by the respondent landlord for her personal necessity and further order of the Appellate Authority dated 6.1.2010 whereby their appeal against the order of eviction was dismissed by the Appellate Authority Hisar.

(2.) In the eviction petition the respondent landlady claimed that Harish Chander (predecessor-in-interest of the petitioner) was a tenant in the shop in dispute at a monthly rent of Rs.2,000/- and was in arrears of rent with effect from 1.8.1997, and further that the shop in question was required by the son of the landlady for opening a clinic, office and consulting room and that she has no other premises in her possession except the shop in dispute. Harish Chander (predecessor-in-interest) of the petitioner filed written statement, inter alia, pleading that the land lady has failed to furnish all the particulars as required under law. The rate of rent was Rs.300/- per month and not Rs.2,000/- as claimed and no rent was due towards him. He pleaded specifically that respondent landlady and her husband were big landlords who own many properties in urban areas of Hisar and were letting out the same on higher rent and the provisions of the Rent Act were misused to get the rent increased. However, to avoid eviction Harish Chander tendered the rent in Court. It is relevant to mention that during the pendency of the petition Harish Chander tenant died and the present petitioners were brought on record as his legal representatives.

(3.) From the pleadings of the parties, the following issues were framed:-