CHARAN SINGH Vs. OM PARKASH

JUDGEMENT

(1.) RESPONDENT Om Parkash filed an ejectment application seeking the eviction of the petitioner Charan Singh from a piece of land measuring 50' x 30', situated in village Jhansa, under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973.

(2.) EJECTMENT of Charan Singh was sought on account of the fact that he had failed to pay rent from 16.12.1978 till the filing of the ejectment application. It is also relevant to note that the ejectment application was instituted on 18.1.1982. Another ground for seeking the eviction of Charan Singh was that he had effected construction on the plot of land leased out to him, without the petitioner's prior consent.

(3.) DISSATISFIED with the order passed by the Rent Controller, Om Parkash impugned the order passed by the Rent Controller by preferring an appeal. The Appellate Authority reversed the finding recorded by the Rent Controller on Issue No. 1 on 3.4.1984. On the basis of rent note dated 19.10.1966 (Ex. P- 9), the Appellate Authority returned a finding that there was a subsisting relationship of landlord and tenant between the parties. Having concluded in favour of Om Parkash on Issue No. 1, it was imperative to order the ejectment of Charan Singh on the ground raised in the ejectment application as Charan Singh had not paid any rent to Om Parkash and had also effected construction on the land without the prior consent of Om Parkash.