RAM CHANDER Vs. SHRI JAINENDRA GURUKUL

JUDGEMENT

(1.) The present revision petition has been filed against the concurrent findings recorded by the Authorities under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short 'the Act') whereby, the petition under Section 13 of the Act has been allowed on the ground of nonpayment of rent and personal necessity of the tenanted premises by the Rent Controller, Panchkula on 21.01.2013. The said order has been upheld in appeal on 23.10.2013 by the Appellate Authority. A perusal of the paper book would go on to show that the respondent-society filed the petition on the ground of non-payment of arrears of rent from 01.02.2003 to 30.09.2008 @ Rs. 85/- per month and for personal necessity alongwith the fact that the premises have become dilapidated being an old barrack house. The case of the respondent-society was that it wanted to construct a stadium, play ground for the co-curricular activities of the students of two adjacent schools and was in dire need of the land in question.

(2.) The petitioner-tenant took the plea that the society was not the owner and landlord of the house in question and he was an occupier from the last 27 years. Accordingly, the right to recover the rent was also disputed. The following issues were framed by the Rent Controller:-

(3.) The Society examined Ram Chander as PW-1 whereas the petitioner examined Baljinder Singh, Patwari as RW-1, Amar Nath, Estate Officer of the society as RW-2 and himself as RW-3. On issue No. 1 that whether the tenant was entitled for eviction on the grounds as alleged, the Rent Controller noticed that the society was owning 21 acres situated in the urban area of village Kharag Mangoli, Sector 1, Old Panchkula, District Panchkula where two schools were existing in 4 acres of land. It was noticed that the land stood released by the State of Haryana in favour of the society and the tenant had no locus standi to hold out and say that the society was not the owner of the property or is not the landlord. A resolution dated 27.10.2002 (Ex. P-2) had been passed to institute petitions against the tenants and the President and the Secretary namely Hira Lal Jain and V.K. Jain were authorized to take necessary steps for conducting such proceedings. The Secretary had further delegated the power to Ramesh Chander, Assistant of the Society to appear and conduct cases and all matters connected with the cases of the society (Ex. P-3). It was noticed that earlier, a decision had been taken by the Committee in its meeting held on 06.10.1991 to get the barrack type houses in block K, J & I vacated from the tenants and to file a suit after getting the tenancy terminated.