BANWARI LAL Vs. TULSAN DEVI

JUDGEMENT

(1.) THE instant revision petition has been filed by the petitioner-landlords impugning the judgment passed by the Appellate Authority vide which the ejectment application filed by them under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was held to be not maintainable as their earlier ejectment application on the same ground was dismissed.

(2.) THE brief facts of the case are that on 16.10.1982 the petitioner-landlords filed an ejectment petition against the respondent-tenant for their eviction from the demised premises on the ground of non-payment of rent and on the ground that the premises has become unfit and unsafe for human habitation. The respondent-tenant appeared and contested the aforesaid application. She tendered the claimed rent with interest and costs on the first date of hearing. Regarding the second ground, i.e., the demised premises has become unfit and unsafe for human habitation she submitted that the petitioners- landlords earlier filed an ejectment application on this very ground and the same was dismissed by the Rent Controller and the said order was upheld up to the High Court. It was further submitted that the instant ejectment application was filed by the petitioners-landlords against the respondent- tenant with an oblique motive to harass her. In the replication, the petitioners-landlords did not controvert the aforesaid fact. On the pleadings of the parties, various issues were framed which are reproduced as under :-

(3.) THE learned counsel for the petitioners has submitted that in spite of the fact that earlier ejectment application filed by the petitioners-landlords on the same ground was dismissed, even then the petitioners-landlords are not debarred from filing the second ejectment application on the same ground. In support of his contention, learned counsel for the petitioners has placed reliance on the decisions of this Court in Sat Dev, sole prop. of M/s. S.D. Hosiery Mills v. Sanjeev Garg, 1990(2) RCR 25 and Ranbir Bhatia v. Kashmiri Lal, 1983(2) RCR 231.