ANIL KUMAR AHUJA Vs. ANURAG BANSAL

JUDGEMENT

(1.) This order shall dispose of C.R. Nos. 6594, 6629 and 6996 of 2010. The facts are being taken from C.R. No. 6594 of 2010. The petitioners impugn the order dated 31.05.2010 passed by the Appellate Authority by which their petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 seeking eviction of the respondent from the commercial property described as Shop No. 3 and 4, First Floor, SCF No. 54, Sector 15, Faridabad had been dismissed while reversing the findings recorded by the learned Rent Controller.

(2.) Eviction of the respondent was sought by the petitioners on the ground of non-payment of rent, personal necessity, change of user, material alterations and nuisance.

(3.) The petitioners had pleaded that the respondent-tenant had made alterations in the premises which invited an adverse notice from the HUDA Authorities and the petitioners were asked to bring the building in conformity with the Building Bye-laws. This notice was issued to the petitioners on 14.06.2001 and failure on the part of the respondent to remove the alterations had led to filing of the petition on 05.03.2002. Personal necessity was pleaded for the need of the petitioners and two nephews, who wanted to start their business in the premises. The Rent Controller accepted the plea whereas the Appellate Court reversed the findings.