SEHDEV Vs. SMT. BANTI DEVI

JUDGEMENT

(1.) THIS revision petition has been filed by the tenant against the order passed by the Courts below, whereby Rent Controller had ordered ejectment of the petitioner tenant from the demised premises and the appeal filed by the tenant was dismissed by the appellate authority.

(2.) FACTS in brief are that Smt. Banti Devi (landlady) through her attorney Sehdev Arya filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against another Sehdev (tenant), seeking his ejectment from the demised premises on the ground of non -payment of rent and that the landlady required the premises for her own use and occupation. It was alleged that previously the landlady was residing with her husband at Darjeeling and that her husband expired and she had no other house in the urban area concerned.

(3.) AFTER hearing both sides, learned Rent Controller found that there was relationship of landlord and tenant between the parties and that the tenant was liable to be evicted from the demised premises, on the ground of personal necessity of the landlady, as also on the ground of non -payment of rent. It was also found that the previous petition was dismissed under Order 9 Rule 3 CPC and as such filing of the present petition was not barred. Resultantly, ejectment petition was allowed and the tenant was ordered to be evicted from the demised premises. The appeal filed by Sehdev (tenant) was dismissed by the appellate authority, upholding the findings of the Rent Controller. Aggrieved against the same, tenant filed the present revision petition in this court.