RAJINDER KUMAR Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) This is a revision petition directed by tenant against the judgment dated 19.2.2011 passed by Sh. R.K. Dogra, Appellate Authority under the Haryana Urban (Control of Rent and Eviction Act), Karnal, vide which the appeal preferred by the land lady Smt. Kaushlya Devi was accepted and eviction order was passed against the revisionist on the ground of personal necessity and building having become unfit for human habitation.

(2.) Briefly stated, Smt. Kaushlya Devi filed eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against Rajinder Kumar-tenant, now revisionist for eviction from 1st floor of the residential house. It is pleaded that 1st floor of the residential house in dispute was letted out to the Rajinder Kumar in the month of November 2003 for a rent of Rs. 600/- per month. The tenant is in arrears of rent w.e.f. 1.2.2004 and he has failed to pay the same despite repeated requests. The house in dispute is also required by the land lady for personal necessity. Presently, she is residing at Panchkula and wants to shift to Gharaunda, where her other relatives are residing; The house in dispute has become unfit for human habitation and the structure may fall down at any time. Request for vacating the premises was made but in vain.

(3.) The claim in the petition was resisted by the tenant by that the house in dispute was rented out in the month of October 2000 and not in the month of November 2003, at the rate of Rs. 400/- per month and not at the rate of Rs. 600/- per month. He has already paid the rent upto June 2007 and has tendered the demanded rent to avoid his eviction. It is further pleaded that the land lady does not need the house for personal necessity. The petitioner owns another house in Gharaunda. The premises is fit for human habitation. The ground floor of the house in dispute is vacant and is sufficient for the petitioner to reside. She has no intention to shift to Gharaunda. She is an old lady and her sons are well settled outside Gharaunda.