ZILE SINGH Vs. OM PARKASH

JUDGEMENT

(1.) THIS is tenant's petition filed under Section 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for brevity, 'the Act') challenging judgment dated 2.6.2004 passed by the Appellate Authority, Jind. The tenant-petitioner has been evicted on the ground of personal necessity as envisaged by Section 13(3)(a)(ii) of the Act and the Appellate Authority has reversed the judgment dated 3.8.2002 passed by the Rent Controller.

(2.) BRIEF facts of the case necessary for disposal of the instant petition are that the landlord-respondent filed ejectment petition against the tenant- petitioner seeking his ejectment from the demised shop under Section 13 of the Act. According to the averents made in the petition, the demised shop was let out to the tenant-petitioner w.e.f. 1.4.1996 at a monthly rent of Rs. 1250/- p.m. plus house tax. The grounds of non-payment of rent, subletting, material impairment of the demised shop and personal necessity of the landlord- respondent for establishing his son for starting electronics business were pleaded.

(3.) ON the basis of documentary as well as oral evidence, the Appellate Authority found that the demised shop is bona fide required by the landlord- respondent for the business of his dependent son and the tenant-petitioner is liable to ejectment on that ground.