KAILASH CHAND GUPTA Vs. FINANCIAL COMMISSIONER HARYANA CHANDIGARH

JUDGEMENT

(1.) These petitioners are the owners-landlords of the house in dispute situate within the town of Palwal, District Gurgaon, which is in occupation of the as respondent as a tenant for the last 30/- 35 years. The petitioners filed a petition for the ejectment against the respondent in 1974-75 on the ground of personal requirement. The Rent Controller vide order dated August 31, 1976, (Annexure P.1) held that in view of the amendment of Section 2 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, made by Haryana Act No. 14 of 1976, which come into force on February 13, 1976, the ground of personal requirement for getting the respondent evicted was not available. The petition of the petitioners was consequently dismissed. The petitioners preferred an appeal against the order of the Rent controller which was dismissed by the appellate authority vide order dated April 4, 1977, (Annexure P.2). the appellate authority upheld the view taken by the Rent controller that the petitioners could not secure the eviction of the respondent on the ground of personal requirement after the coming in to force of Haryana Act No. 14 of 1976. The petitioners then attempted revision which was dismissed by the Financial Commissioner (Revenue) vide order dated May 1, 1978, (Annexure P. 3) upholding the view taken by the Rent Controller as also the Appellate Authority. It is against the orders P. 1, P. 2 and P. 3 that the present writ petition is directed.

(2.) Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (hereinafter the Act) deals with the eviction of tenants. Section 13(3) reads:-

(3.) Section 2(d) and (g) of the Act define 'non-residential building' and 'residential building' respectively. These two sub-sections before the amendment of Section 2(d) by Haryana Act No. 14 of 1976 red as under:-