(1.) The tenants are in revision against order of the learned Appellate Authority dated 16.12.2010 by which order of the learned Rent Controller dated 22.12.2009 has been reversed.
(2.) In short, the landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 [for short ''the Act''] against the tenants for their eviction, inter alia, on the grounds of non-payment of arrears of rent, building having become unfit and unsafe for human habitation and personal necessity. Admittedly, father of Petitioner Nos. 1 to 3 and grandfather of Petitioner Nos. 4 & 5 was the tenant in shop No. 1078, Old Anaj Mandi, Rewari [for short ''the demised premises''] which allegedly fell to the share of the landlord on account of a Will dated 09.06.1973 purported to have been executed by Dhani Devi, who has been receiving rent from the tenants against receipts since thereafter. It was alleged in the written statement that the demised premises is jointly owned, the eviction petition is bad for nonjoinder of necessary parties as Santosh Kumari and Asha Rani, daughters of Devi Ditta Ram, were not imp leaded. Insofar as the arrears of rent from 01.12.1997 to 06.02.2001 claimed @ Rs.150/- per month along with interest and costs is concerned, that was tendered on 28.03.2001, therefore, the ground of eviction on account of non-payment of arrears of rent became redundant. It was alleged that the landlord is having several shops in Rewari city and having no personal necessity. It was also alleged that the shop is not unfit and unsafe for human habitation. On the pleadings of the parties, following issues were framed on 15.10.2003: -
(3.) Relief.