DEEPA Vs. SANATAN DHARAM SABHA (REGISTERED) AMBALA CANTT.

JUDGEMENT

(1.) Instant petition has been filed by Deepa and Ms. Ridham (who are respondents before the Appellate Authority) against the order dtd. 16/12/2021 passed by the Appellate Authority, Ambala whereby, they have been directed to vacate the demised premises within a period of one month from the date of passing of the judgment and also to pay the arrears of rent w.e.f. 1/1/2010 to 31/12/2012 and occupation charges of the demised premises till its vacation, failing which the appellants/petitioners would be entitled to get the same vacated and recover rent amount through the process of the Court.

(2.) Factual matrix, leading to the filing of present petition, is that Late Lala Murli Mal was the owner of the property in question, who had constructed the said building for public purposes. The said building has been used as per the wishes and desire of Late Lala Murli Mal and after his death his sons Radha Krishan, Hari Krishan Dass and Sham Sunder Dass became its owners. Vide Deed of Settlement dtd. 18/3/1966, the property in dispute was given to Sanatan Dharam Sabha, Ambala Cantt for running MMSD Industrial School for Women by the above-said sons of Late Lala Murli Mal. One Madan Sarup, who was an employee of Sanatan Dharam Sabha (Regd.) Ambala Cantt., which runs MMSD Industrial School of Women and was allowed to occupy one room in the school premises for his residential purposes. After the death of Madan Sarup, his son Ram Narain Sarup (husband of petitioner No.1-Deepa) was allowed to stay in the said room being the son of the deceased employee of the institution on compassionate grounds. Since then the petitioners are in occupation of said one room in the school premises as a licencee.

(3.) Respondents filed Eviction Petition under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to evict the petitioners as the person who was the employee of the Sabha was no more. But to no avail. The Rent Controller, Ambala dismissed the Eviction Petition vide judgment dtd. 18/5/2017. Aggrieved with the said judgment, petitioners before the trial Court preferred an appeal which was allowed by the learned Appellate Authority, Ambala vide judgment dtd. 16/12/2021. Consequently, this petition has been preferred by the petitioners.