BALDEV RAJ SHARMA Vs. DAMINI SHARMA AND ANOTHER

JUDGEMENT

(1.) Baldev Raj Sharma son of Thakur Dass has filed the petition under Section 13(3)(i)(a) of Haryana Urban (Control of Rent & Eviction), Act, 1973 (in short - the Act) against Harish Sharma, his son and Damini Sharma his daughter-in-law. It is pleaded by Baldev Raj Sharma that he is 77 years old. He claimed to have given the house in question on rent to his son Harish Sharma at the rate of Rs. 7000/- per month in the month of April 2005 and the terms and conditions of the tenancy has been reduced into writing vide rent agreement dated 20.4.2005. However, it had been settled mutually between the parties that respondent No. 1 would get transferred from Chandigarh and will hand over the vacant possession to the petitioner. However, the respondent continued to pay the rent up January 2010 but failed to make the payment thereafter. Hence respondents were in arrears of rent w.e.f. 1.2.2010 onwards and as such the present rent petition had been preferred on the grounds of non-payment of arrears of rent as well as personal necessity.

(2.) Respondent No. 1-Harish Sharma admitted the relationship of landlord and tenant. He further admitted to have paid the rent up to January 2010 and not thereafter. It is pleaded that due to strain relationship between him and his wife i.e. Damini Sharma, he had to move to Bathinda. So, at present respondent No. 2 was only residing in the tenanted premises. He further pleaded that divorce case was pending adjudication between the respondents and they are not sharing cordial relations.

(3.) Respondent No. 1 was directed to pay the arrears of assessed rent on 3.1.2011. However, the respondent No. 1 failed to appear and preferred to proceed against ex-parte. Thereafter, on 7.1.2011 respondent No. 1 vide his application got the order dated 3.1.2011 set aside and he was granted time to pay the amount of provisional rent but he failed to pay the rent. Consequently, the eviction order was passed.