KEWAL KRISHAN ALIAS KALA Vs. BHAGWANTI

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Appellate Authority Karnal, dated 18th November, 1991 whereby the order of Rent Controller dated 23rd of May, 1990 was set aside and eviction of Kewal Krishan (hereinafter referred to as the tenant) from the demised premises was ordered under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act ).

(2.) SMT. Bhagwanti (hereinafter referred to as the landlady) too has filed revision petition No. 338 of 1992 challenging the concurrent finding of the Courts below that the rate of demised premises from the inception of the tenancy was Rs. 60/- per month. As common questions of law and fact are involved and both these revision petition arise out of the same orders passed in the same proceedings by the Courts below, both these petitions shall be disposed of by one judgment.

(3.) IN brief facts relevant for the disposal of this petition, are that according to the averments made in the application for ejectment moved by the landlady the tenant is in occupation of the demised premises, in north-eastern corner of residential house shown in red colour in the plan attached with the ejectment application on monthly rent of Rs. 150/- under her. The eviction of the tenant was sought, firstly, on the ground of non-payment of arrears of rent for the period August, 1984 to February, 1986, secondly, on the ground that the demised premises were required by the landlady for her personal use and occupation and that of her other family members consisting of two married sons, their families, one unmarried daughter, and, one, unmarried son, all of whom, are, living together in the same house, and, the accommodation already with the landlady was insufficient for her and other family members; thirdly, on the ground that the demised premises had become unfit for human habitation. The landlady wants to replace the roof with lintle as the old roof consisting of wooden beams was likely to fall at any time.