DROPATI DEVI Vs. BIPAN KUMAR

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Appellate authority dated 25.11.1991, whereby, the order of eviction dated 15.6.1991 passed by Rent Controller, Sonepat, against Smt. Dropati Devi (hereinafter referred to as the tenant) from the shop-cum-flat No. 5, Model Town, Sonepat under Section 13(3)(a)(v) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act) was upheld.

(2.) IN brief facts relevant for the disposal of this petition, are, that Bipan Kumar Tuli, Junior Warrant Officer, Regular combatant member of the Indian Air Force (hereinafter referred to as the landlord) filed application for ejectment on the averments that on the basis of consent decree dated 6.11.1987, the present landlord became exclusive owner of the demised premises. Eviction of the tenant was sought on the ground that the landlord needs the demised premises for his own use and occupation, as well as that of his two daughters of marriageable age. It was further pleaded that after retirement from service in June, 1991 the landlord wants to settle at Sonepat and to find suitable matches for his daughters. It was also pleaded that the landlord does not own any other residential house in any part of the India, nor, he has vacated any such premises within a period of two years and he being a military personnel is entitled to avail the special provisions as contained in Section 13(3)(a)(v) of the Act. It was next pleaded that the tenant gave an undertaking on 4th of November, 1988 that she would vacate the tenanted premises by 15th of November, 1989, but, she has not done so in spite of the legal notice issued by landlord to her.

(3.) IN replication the landlord denied the averments made in the written statement and reiterated those in the petition. From the pleadings of the parties the following issue were framed :-