DHARAM PAL Vs. ANANTHA KRISHNA KUKKILAYA

JUDGEMENT

(1.) This revision petition is directed by the petitioner-tenant who was ordered to be evicted from the residential premises by the Rent Controller, Faridabad vide his order dated 5.3.2005 on the ground of (i) non-payment of rent and (ii) bona-fide requirement of the respondent-landlord, as well as against the judgment dated 27.3.2006 passed by the Appellate Authority whereby the petitioner's appeal against the aforementioned order of eviction, has been dismissed.

(2.) As per the averments made in the ejectment petition, the tenanted premises, House No. 970, Sector 8, Faridabad, was rented out to the petitioner on a monthly rent of Rs. 1600/- excluding electricity and water charges. The petitioner, however, failed to pay the rent w.e.f. 1.4.2001. The respondent served the petitioner with a legal notice (Ex.P9), sent by registered post, calling upon him to pay the arrears of rent and also to handover the vacant possession of the tenanted premises as the same was required by the respondent, who meanwhile had retired from the government service and was living in a rented accommodation for which he was paying a monthly rent of Rs. 4000/-. The petitioner, however, neither paid the arrears of rent nor vacated the house which led the respondent to file the ejectment petition.

(3.) While contesting the ejectment petition, the petitioner not only disputed the rate of rent and alleged that the premises was rented out @ Rs. 700/- per month, he also disputed the relationship of landlord and tenant as according to the petitioner, the premises was rented out to his wife (Smt. Santosh Kumari) and not to him.