KRISHNA KUMARI AND OTHERS Vs. KESAR SINGH

JUDGEMENT

(1.) This petition has been filed against the judgment of the Appellate Authority dated 23.04.2008 reversing that of the Rent Controller dated 6.10.2007 and thereby dismissing the petition for eviction filed by the petitioners.

(2.) Brief facts are that the father of the petitioners, namely, Manohar Lal, filed the instant petition for eviction of the respondent by taking the plea that earlier he was doing the business of selling clothes by Pheri but due to ill health and old age he could not do the same any more and wanted to do the business in his own shop. He further stated that he had four sons and one of his sons, namely, Ashok Kumar was unemployed and would assist him in the business and the shop was also required for his livelihood. He had averred that he did not own or possess any other shop in his name in the State of Haryana or elsewhere in India. After written statement was filed, Manohar Lal furnished his affidavit in examination-inchief but died thereafter. His legal representatives were impleaded in his place and continued with the case. Ashok Kumar in his examination-inchief stated that he also required the shop; that he was unemployed; and that neither he nor the other co-owners owned any other property in Haryana.

(3.) The Rent Controller having allowed the petition, the respondent carried the matter in appeal and primarily raised two grounds. First ground taken was that there was no issue of personal necessity which was struck and consequently the Rent Controller could not have given a finding thereon. The Appellate Authority held that even there was no specific issue yet since both the parties had given evidence, finding of the Rent Controller could not be set aside only on the ground that no specific issue was there.