MOOL CHAND Vs. SAT NARAIN

JUDGEMENT

(1.) THE above-said revision petitions had been filed against judgment dated 19.2.1992 of the Appellate Authority, Rohtak whereby appeal filed by the tenant (now petitioner) against the judgment of the Rent Controller, Bahadurgarh, had been dismissed.

(2.) THE facts of the case are that Sat Narain respondent had filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act') for ejectment of petitioner-tenant Mool Chand from a shop detailed in the heading of the petition. Petitioner is stated to be tenant of the shop on payment of Rs. 35/- per month since 1967 and was were that respondent was in arrears of rent and further that the premises had become unfit and unsafe for human habitation since major portion of the roof was in dilapidated condition, which may fall at any time. Rainy water was leaking from the roof. Wooden battens placed over the Karries had been completely damaged. Further ground of ejectment was that the premises was taken for selling bangles, whereas the tenant had started the business of vegetable selling. The tenant had damaged the flooring of the shop and had also caused damage to the door of the shop which had materially impaired the value and utility of the disputed shop.

(3.) BOTH these petitions - one filed by Sat Narain under Section 13 of the Act for ejectment of Mool Chand tenant and another filed by Mool Chand tenant under Section 12 of the Act for repair of the shop were clubbed together. The petition filed by landlord for ejectment was allowed, whereas petition filed by tenant for repair was dismissed. Appeals filed by the present petitioner had been dismissed by the Appellate Authority vide judgment dated 19.2.1992.