ANAND PARKASH MANGAL S/O LATE SIRI RAM ARYA Vs. THE DELHI CLOTH AND GENERAL MILLS CO. LTD. (TEXTILE MARKETING ORGANISATION) AND VINOD KUMAR JAIN S/O MAM CHAND JAIN

JUDGEMENT

(1.) THESE two revision petitions are directed against the judgment of the learned first appellate authoirty, Karnal under the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973, (hereinafter referred to as the Act), Karnal. As both (SIC) petitions are based on somewhat similar fact and raise common question of law, it will be appropriate to dispose of both these petition by a common judgment.

(2.) OM Prakash filed an eviction petition against its tenant the Delhi Cloth and General Mills Co. Ltd and Vinod Kumar, on the grounds that the tenant did not pay the rent from 1.9.1976 till date of institution of the petition at the rate of 16.50 paise per month. Secondly, that the premises has been sub letted to Shir Vinod Kumar by the Delhi Cloth and General Mills Co. Ltd. The other eviction petition was filed by one Anand Parkash, in addition to the above grounds also, on the plea that the tenant had demolished the Chabutra in front of the shop and thus has materially impaired the value and utility of the shop. Eviction on the grounds of personal bonafide need was also sought.

(3.) UNDISPUTED facts are that originally the premises belong to the one Shri Ram, who had leased out, the premises to The Delhi Cloth and General Mills Co. Ltd. He had three children. Two petitions were filed, one by Anand Parkash Mangal, while other by Om Parkash being the heirs of deceased Sri Ram claiming their own share in the said property. However, third son of Siri Ram was not either impleaded as party to the rent petitions nor he filed an ejectment petition on any of the grounds stated in these two petitions.