VEERAN WALI Vs. SULAKHAN SINGH

JUDGEMENT

(1.) THIS is landlady's revision petition against the order of the appellate authority, Ambala, whereby her appeal against the order of the Rent Controller dated 7. 2. 1987 was dismissed.

(2.) BRIEFLY, put, Shrimati Veeran Wali filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act') seeking eviction of the respondent on the ground of non payment of rent and that the petitioner requires the demised house for her own occupation and for the occupation of her children. The petitioner further averred that she is presently residing in House No. 2420 which is on rent with her. The accommodation in that house consists of only three rooms and another room in their occupation adjoining house bearing No. 1456, the total accommodation is insufficient for the fast growing family of the petitioner. The necessary ingredients that the petitioner is not possessed of any residential accommodation in the urban area of Ambala Cantt, and that she has not vacated the same after the commencement of the Act of 1949 without sufficient cause were also pleaded in the petition.

(3.) THE respondent put in appearance, filed written statement and pleaded that he is not liable to pay tax As regards rent, he has stated that arrears of rent as assessed by the Rent Controller were tendered on the first date of hearing. The respondent pleaded ignorance about the size of the family of the petitioner. It was further the case of the respondent that the ejectment application has been filed since ex-vacated house fetches more price at the time of the sale which according to the respondent, the landlady intends. In addition to replying on merits , the respondent raised preliminary objection to the effect that the ejectment application is barred under Section 14 of the Act.