KRISHAN KUMAR Vs. RAMESH KUMAR

JUDGEMENT

(1.) This revision petition has been preferred by Krishan Kumar (tenant) against the judgment dated 15.7.2014 passed by the Rent Controller, Hansi vide which the ejectment petition for the eviction of the tenant from one shop having house tax unit No. 775B/16 (in short - the demised shop) was accepted and the judgment dated 18.2.2015 passed by the learned Appellate Authority, Hisar vide which the appeal of the petitioner herein (tenant) preferred against the above said judgment dated 15.7.2014 passed by the learned Rent Controller was dismissed.

(2.) The case of the respondent herein who was the landlord before the learned Rent Controller in nutshell was that he let out the demised shop to the petitioner herein (tenant) on 1.4.1997 for running a scooter repairing shop on rent @ Rs. 900/ - per month excluding house tax. The rent was increased to Rs. 1,400/ - per month w.e.f. 1.4.2002 excluding the house tax which has been further increased to Rs. 2,000/ - per month w.e.f. 1.4.2007 excluding the house tax with the concurrence of the parties. The present rate of rent was stated to be Rs. 2,000/ - per month. The respondent herein (landlord) sought the ejectment of the petitioner herein (tenant) on the ground of non -payment of rent w.e.f. 1.7.2009; that the demised shop is unsafe for inhabitation being in a dilapidated condition and that the petitioner requires the demised shop for the bonafide need of his son. In this connection it was his case that Aseem who is his son has passed out C.A. internal examination and he intends to open educational academy/tuition centre/training centre as well as the office of Chartered Accountant by raising new construction and hence the instant petition.

(3.) On notice petitioner herein (tenant) filed reply by taking plea that he took the demised shop on rent about 25 years back @ Rs. 300/ - per month including house tax and that he had already paid the rent of the demised shop @ Rs. 600/ - per month including house tax. It was further his case that respondent herein (landlord) tried to evict him from the demised shop forcibly and in this connection he (tenant) had filed a suit for injunction against the landlord which is stated to be still pending. He had tendered the rent for the last 36 months @ Rs. 600/ - per month as provisionally assessed by the learned Rent Controller under protest. He was entitled to recover the excess rent paid for the period from 1.1.2009 to 31.7.2010. It was denied that Aseem son of the landlord has passed out C.A. Examination and is unemployed or that demised shop is required by the landlord for the establishment of his son as alleged in the petition. Rest of the averments were also denied by the tenant.