BALBIR Vs. MAHABIR

JUDGEMENT

(1.) Petition herein is for setting aside impugned order dtd. 30/11/2018 passed by learned Rent Controller, Narnaul whereby eviction petition filed by respondent No.1 herein under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'Act of 1973')was allowed and revisionist was directed to handover vacant possession of shop in question within a period of two months. Further petitioner sought setting aside of impugned order dtd. 7/12/2022 whereby appeal filed by revisionist-tenant against aforesaid eviction order was dismissed.

(2.) Brief case, as pleaded in the petition is that respondent No.1-landlord filed eviction petition under Sec. 13 of the Act of 1973 seeking ejectment of Revisionist/ tenant from the demised premises i.e., shop. Revisionist is tenant since 1996 and in 2006, rate of rent was agreed as Rs.1,500.00 per month which was increased to Rs.2,000.00 in the year 2010 excluding house tax. Period of tenancy has elapsed and now revisionist is continuing in the capacity of statutory tenant. There are many other commercial and residential premises in the ownership of respondent No.1-landlord. Both sons of respondent-landlord are running a barber and beauty parlour shops and are earning. There is no personal necessity of respondent No.1-landlord in respect of shop in question. On the other hand, revisionist-tenant has no other shop to run his business.

(3.) I have heard learned counsel for the revisionist and perused the record.