BABU LAL Vs. INDU DEVI

JUDGEMENT

(1.) Tenant has filed the present revision petition under Section 15 (6) of the Haryana Urban Control of Rent and Eviction Act, 1973, for short 'the Act', aggrieved by the ejectment order passed by the Appellate Authority, Narnaul dated July 27, 2011, setting aside the order passed by the Rent Controller dismissing the ejectment application of the landlordrespondent. Petitioner was inducted as a tenant in the shop in dispute on July 7, 1975 at the rate of Rs.100 per month by Lala Sadhu Ram. After the death of Lala Sadhu Ram, the shop came to the share of his son Rajiv Ahuja by oral settlement vide decree dated March 19, 1991. After the death of Rajiv Ahuja, the shop alongwith other properties was inherited by his mother Krishna Devi. Krishna Devi had sold the said shop to the petitioner and Sarita Devi vide sale deed dated January 12, 1998 as such the relationship of landlord and tenant came into existence w.e.f. the date of the sale deed dated January 12, 1998. The ejectment was sought on the ground of non-payment of rent w.e.f. January 12, 1998 and also on the ground of material impairment of value and utility of the shop and personal requirement of the landlord and her husband Satish Kumar for starting their business in the shop.

(2.) The Rent Controller rejected the claim of the landlord on all the three grounds. So far as the ground of personal necessity is concerned, the Rent Controller observed that the husband of the respondent was not unemployed as such he did not bonafide require the shop in dispute.

(3.) The Appellate Authority believing the testimony of Satish Kumar who appeared as PW2, as the husband of the landlady, accepted the ground of personal necessity and passed the ejectment order. Aggrieved by the said ejectment order on the ground of personal necessity, the tenant has preferred this revision petition.