TARA CHAND Vs. DHIRENDRA PAL AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present revision petition, filed by the tenant, is to the order dated 29.11.2011, ordering his eviction, passed by the Rent Controller, Narwana, regarding the plot situated at Railway Road, Narwana. The said order has been upheld in appeal by the Appellate Authority, Jind on 13.10.2014 which is also subject matter of challenge.

(2.) THE eviction petition was filed on the ground that the plot was taken on rent by Beli Ram, the grandfather of the present petitioner - Ishwar Singh son of Tara Chand, who had constructed a wooden khokha and started a shop there. After his death, Tara Chand became the tenant and was paying Rs. 75/ - per month. It is alleged that he had constructed his own house in Jind Central Cooperative Street and was running a shop in his house and had sublet the property to one Pawan Kumar, respondent No. 2. The landlord being a Lawyer who had worked with his elder brother Shri B.B. Gupta and after his death, needed the plot for constructing his office as his nephew was in possession of the office where he was earlier working. The plot was ideal for setting up the office of a Lawyer.

(3.) THE defence of the said tenant was of denial that the landlord was the owner of the plot. The factum of rent which was due since 01.08.1996 was also denied and it was pleaded that he had tendered the rent under protest for the period of 3 years. The factum of sub -letting to Pawan Kumar was also denied and the need of the landlord for his office was denied on the ground that he was already having an office in Patram Nagar, Narwana. Counter claim had also been filed that he had tendered the rent @ Rs. 366/ - per month along with interest on 09.10.2007 and wanted refund of the same. Following issues were framed by the Rent Controller: