JAGAN NATH SHARMA Vs. ANITA MEHTANI

JUDGEMENT

(1.) Petitioner(Tenant) is in revision under Section 15(vi) of Haryana Ur-ban(Control of Rent & Eviction) Act, 1973(here-in after referred to as the 'Act') against the order dated 03.09.2011(Annexure P-1) passed by learned Rent Controller, Hisar whereby the application filed by the petitioner (tenant) for dismissal of the rent petition on the ground that the respondent (landlady) has already sold the property to some third person and, therefore, the ejectment petition has become infructuous has been dismissed. In brief, facts of the case are that the petition was filed by Anita Mehtani being the land-lady/co-owner of the property in question on the ground of non payment of arrears of rent as well as on the ground that the tenant has damaged and demolished the main gate/pillar of the house in question and thus has made material additions and alterations in the demised premises.

(2.) Upon notice, the tenant denied all the averments and also tendered the rent during the pendency of the petition and therefore, the sole ground of material additions and alterations had remained for decision in the said application.

(3.) However, during the pendency of the said petition, the landlady namely Anita Mehtani transferred her entire share of the demised premises in favour of Kusum Lata Sardana vide registered sale deed dated 8.9.2010 and thus as the landlady Anita Mehtani was left with no right or title in the property, therefore, the petition is liable to be dismissed.