MADAN LAL BOUNTRA Vs. RAM KISHAN

JUDGEMENT

(1.) THIS petition filed under sub -section (6) of Section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for brevity the Act) has been filed by Madan Lal Bountra the landlord -petitioner against the tenant -respondents. Challenge has been made to the judgment dated 19.12.1988 passed by the learned Appellate Authority, Rohtak, whereby the appeal of the tenant -respondents has been accepted by setting -aside the order of ejectment dated 18.5.1987 passed by the learned Rent Controller, Rohtak.

(2.) THE facts of the case may briefly be noticed. The landlord -petitioner filed an ejectment petition under Section 13 of the Act against the tenant - respondents in 1983 alleging that shops No. 177 to 180 alongwith verandah in front of the shops and residential quarter at the back of shop No. 181 were let out by the father of the landlord -petitioner to Ram Kishan tenant - respondent No. 1 in the year 1949. The purpose of tenancy was residential as well as laundry work. The landlord -petitioner asserted that he has been a member of the armed forces and was posted in hard area. He set up the grounds of personal necessity, arrears of rent, sub -letting, change of user and material alterations. The grounds as mentioned in paras 3(d) and 3(e) of the ejectment petition furnishing particulars as required by Rule 4 of the Haryana Urban Control of Rent and Eviction) Rules, 1976 read as under : -

(3.) THE ground of arrears of rent ceased to exist because the rent was tendered and accepted. The Rent Controller on the basis of the pleadings of the parties framed eight issues, which read as under : -