(1.) THIS is landlord's revision-petition against the order of the Appellate Authority whereby order of the Rent Controller dismissing his eviction application has been upheld.
(2.) BRIEFLY put, Om Parkash filed a petition under section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') against the respondents for their eviction from a double storeyed building at Birla Mandir Road, Thanesar on the ground that (i) that the respondent has not paid the arrears of rent w. e. f. 1. 3. 1980 to date amounting to Rs. 8,750/- together with interest and house-tax ; (ii) that respondent No. 1 has sublet the chaubara and compound on the first floor to respondent No. 2 without his written consent ; (iii) that respondent No. 1 was given the chaubara and compound on the first floor for residential purposes but respondent No. 2 has set up his office, as such, changed the user for which it was let out ; (iv) respondent No. 1 has committed such acts as are likely to impair the value and utility of the building in dispute ; (v) the petitioner requires the premises in dispute for his own use and occupation.
(3.) BOTH the respondents, who are real brothers, filed a joint written statement. It has been averted in the written statement that the premises in dispute is owned by Munshi Ram, father of the petitioner and Sumer Chand. They further averred that the premises in dispute was never rented out for residential purpose. Rest of the averments with regard to the non-payment of rent regularly or there being any agreement to pay the house-tax in addition to the rent were denied. It was also denied that the petitioner requires the premises in dispute for personal residence.