RAJ KUMARI Vs. BANARSI DASS

JUDGEMENT

(1.) AS no body has appeared for either of the parties to this petition, there is no other alternative before this Court but to proceed with the matter in accordance with law.

(2.) I have perused the records. Raj Kumari along with others had filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for ejectment of tenant-Banarsi Dass from the shop in dispute situated at Gohana Road, Jind, the better description of which was detailed in the petition. The shop was given on rent at the rate of Rs. 80/- per month and an amount of Rs. 2880/- was due to the petitioners on account of arrears of rent from the tenant. According to the landlords, the tenant had not paid rent and was in arrears of rent for three years preceding the presentation of the ejectment petition. The tenancy was allegedly terminated by service of notice on the tenant by registered acknowledgement due. The tenant contested the petition and the Rent Controller by order dated 15.6.1982, framed the following issues :-

(3.) IT will be appropriate to refer to the findings recorded by the appellate authority while affirming the judgment of the Rent Controller, which read as under :