RAM DASS BAGGA Vs. RAM CHANDER

JUDGEMENT

(1.) Tenant Ram Dass Bagga has filed this revision petition under Section 15 (6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short - the Act), having failed before both the Authorities below. Respondent-landlord Ram Chander filed ejectment petition under Section 13 of the Act against tenant-petitioner seeking ejectment of the petitioner from demised shops No. 2 and 3, on the ground of nonpayment of arrears of rent and bona fide requirement of the demised property for the landlord for his own business. Ground of nonpayment of rent was not pressed in view of payment made by the tenant. As regards personal necessity, it was pleaded that the landlord has retired from service in Saraswati Sugar Mills and was doing no work, and therefore, he wanted to start his independent business in the demised shops.

(2.) The tenant controverted the ground of personal necessity of the landlord. It was also alleged that the disputed shops were let out by Kamlesh Kumari wife of the landlord and later on, both of them started receiving rent from the tenant-petitioner. It was also alleged that Kamlesh Kumari filed ejectment petition regarding adjacent shop No. 1 in the same building against Natha Ram-tenant thereof, on the ground of necessity of the said shop for son of the landlady. The said ejectment petition was allowed by Rent Controller, but was dismissed in appeal by the Appellate Authority and revision petition against the same is pending in this Court. It was pleaded that the landlady suffered consent decree qua the demised shops in favour of her husband i.e. landlord-respondent herein just to make out a ground for eviction. Plea of the respondent-landlord regarding necessity of the demised shop was also denied.

(3.) Learned Rent Controller, Jagadhri, vide judgment dated 17.03.2010, allowed the ejectment petition. Appeal preferred against the said judgment by tenant-petitioner has been dismissed by Appellate Authority, Yamuna Nagar at Jagadhri, vide judgment dated 25.05.2011. Feeling aggrieved, tenant has filed this revision petition.