R.P. PALIWAL Vs. CHAMPOL ENGINEERS PVT. LTD.

JUDGEMENT

(1.) THE present revision has been preferred by the landlord against the orders of the Appellate Authority dated 11.5.1998.

(2.) BRIEFLY stated. the facts of the case are that the petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') was initiated by the petitioner against the respondent who is a tenant in the premises bearing No. 32-D/E, situated in D.L.F. Industrial Area, Part-I, Faridabad (hereinafter known as 'demised premises'). The demised premises were initially in the name of the wife of the petitioner, Smt. Usha Paliwal, who suffered a decree in his favour on 265.1990. The premises were rented out to the respondent by Smt. Usha Paliwal w.e.f. 22.11.1977 at a monthly rent of Rs. 500/-.

(3.) THE respondent in his written statement had contested the petition and admitted the tenancy and the rate of rent. However, he questioned the decree dated 26.5.1990 passed in favour of the present petitioner to say that it was mala fide and obtained with an object to defeat the provisions of the Act.