RAMESH KUMAR Vs. HARI PARKASH

JUDGEMENT

(1.) In the present revision petition, the petitioner is in revision under Sec. 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against the concurrent findings of the Courts of the Rent Controller and Appellate Authority, Rewari dtd. 16/9/2017 and 26/8/2019. He has been directed to be evicted on the ground of the demised premises being a shop being unfit and unsafe for habitation and on the ground of personal use and occupation by the respondent-landlords.

(2.) Counsel for the petitioner has vehemently submitted that the element of bona fide need was missing in as much as the building had been purchased on 30/10/2013 and the rent proceedings had been initiated on 25/1/2014. Similarly, it was submitted that the findings recorded on the issue that the premises were unfit and unsafe, were not correct since during the pendency of the proceedings, the adjoining tenanted shop had been demolished and it had damaged the petitioner's shop and therefore, the revision petition was liable to be allowed.

(3.) A perusal of the paperbook along with the record would go on to show that ejectment of the petitioner was sought in respect of one shop marked in the site-plan (Ex.P-1) attached with the rent petition, which was bounded from 3 sides by the other properties of the landlords. The same was stated to be part and parcel of the property bearing House Tax No.3056-57 EP No.806-807 situated at Mohalla Ramsarover (Taliwara), Rewari. The shop in question was earlier owned by Neelam Kholi who had sold it to Pushpa Devi vide sale deed dtd. 1/2/2007. The same was purchased by the respondent-landlords on 30/10/2013 and the tenant was intimated of the factum of sale. He was stated to be in arrears of rent from 1/6/2007 @ Rs.480.00 per month.