LAWS(P&H)-2013-7-203

RADHEY SHYAM Vs. SUMITRA DEVI

Decided On July 26, 2013
RADHEY SHYAM Appellant
V/S
SUMITRA DEVI Respondents

JUDGEMENT

(1.) By filing this revision petition, the tenant has challenged the order dated 2.9.2011 of the Rent Controller, Narnaul ordering his eviction from the demised premises and the order dated 30.3.2013 of the Appellate Authority, Narnaul, dismissing his appeal against the aforesaid order of the Rent Controller.

(2.) The respondent-landlady filed the present petition under Section 13 of the Haryana Urban (Control of Rent and Eviction), Act, 1973 (for short the 'Act') for ejectment of the petitioner from the tenanted premises (i.e shop and godown) situated in Mandi Narnaul. In the petition, it was pleaded that the demised premises were rented out to the petitioner on a monthly rent of Rs.225/- w.e.f. 1.9.1993 on the basis of a written rent note dated 18.9.1983. Subsequently, the rent was increased to Rs.3750/- per annum. After the death of the original landlord, namely, Devi Dayal, his wife Sumitra i.e respondent became the landlady of the demised premises.

(3.) It was further pleaded that the petitioner was in arrears of rent since 1.4.2008 and has failed to pay house tax and fire tax and thus, was liable to be ejected from the demised premises on the ground of nonpayment of arrears of rent. The respondent-landlady further pleaded that the petitioner has changed the user of the premises by converting the shop into a godown and the premises had been lying closed for the last more than a year which had diminished its value and utility.