SITA DEVI Vs. OM PARKASH

JUDGEMENT

(1.) THIS petition is directed against the order of the Appellate Authority, Narnaul dated 14.9.2001 reversing the findings recorded by the learned Rent Controller and thereby dismissing the rent petition filed by the petitioners/landlords. The petitioners had preferred a petition under Section 13 of the Haryana Urban Control of Rent and Eviction Act, 1973 seeking eviction of the respondent from the demised premises consisting of a room on the ground floor and two rooms on the first floor as depicted from the site plan. The eviction was sought on the ground of non -payment of rent and bona fide need. The petitioners pleaded that they had no other residential building in the urban area of Narnaul and were residing in the house of Gangadhar, who is son of petitioner Sita Devi and brother of Pardeep Kumar, and were desirous of settling down in their own house independently. It was also pleaded that petitioner Pardeep Kumar had to get married.

(2.) THE arrears of rent having been tendered largely reduced the relevance of this issue. While determining the issue of personal necessity the learned Rent Controller accepted the plea but the same was upset by the Appellate Authority.

(3.) DURING the course of proceedings, learned counsel for the petitioners placed on record certain material to indicate that the respondent was in possession of his own residential accommodation and had started living there. He has placed photographs on record as also sale deed and necessary information to this effect. An application was also moved for determining the mesne profits. The respondents in turn admitted that they had residential property in their favour but said that it was in village Buchukpur, which is at some distance away. The petitioner in turn countered the same to say that this village was now within the urban limits of Narnaul and is in the controlled area as declared by the Urban Development Department. He also stated that the distance between the house of the tenant and Canal Rest House, Singhana Road, Narnaul is hardly 250 meters. A map of the city was also relied upon.