HAZARI LAL Vs. PADAM SAIN

JUDGEMENT

(1.) The tenants-petitioners have assailed the correctness of the order of eviction passed against them by both the Courts below while invoking the revisional jurisdiction of the Court by filing petition under Sec. 15 (6) of Haryana Urban Control of (Rent and Eviction) Act, 1973.

(2.) Originally, Mithan Lai, the predecessor-in-interest of the respondents was owner of the shop. He let out the same to Shishu, predecessor-in-interest of the petitioners. As many as four sons and two grandsons of Mithan Lai filed a petition seeking eviction of the petitioners. The eviction was sought on the ground of non-payment as well as bona fide necessity of Mithan Lai's grandsons Rakesh and Sumit. In the petition, the petitioners disclosed that they are owners of two other shops; one located at Bhagat Singh Market, Bhiwani Road whereas second on Rohtak Road. It was further pleaded that in the shop available at Rohtak Road, business of general merchandise was started, however, remained unsuccessful, therefore, closed down. It was claimed that the shop in question is required for bona fide necessity for running the business of general merchandise.

(3.) The tenants contested the petition while taking the stand that the landlords are owners of various other properties. After framing of the issues, the parties were allowed to lead evidence and on appreciation of evidence, both the courts as noticed above, ordered eviction.