PRABHU RAM Vs. NANAK CHAND

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 7.8.1986 passed by the learned Appellate Authority Ambala, under Section 15 of the Haryana Urban (Control of Rent and Eviction) Act 1973 (for short 'the Act'), dismissing the appeal of the petitioners against the judgment dated 28.11.1985 passed by the learned Rent Controller, Ambala City.

(2.) THE petitioners filed an application under Section 13 of the Act for the ejectment of the respondent from the premises forming part of house No. 3127, Ward No. 2, Ambala City. Atma Ram, father of the petitioner, was the owner of the said house. He died on 28.8.1973 and on his death the petitioners became the owners of the same. Smt. Nihali, predecessor in interest of the respondents, was inducted as a tenant in the premises by Atma Ram. She has since died. The respondents, being her legal heirs, relationship of landlord and tenant came into being between the parties. It was claimed that the rate of rent was Rs. 5.50 per month. The ejectment of the respondents was sought on the twin ground of non-payment of rent and bonafide requirement of the premises by Prabhu Ram petitioner No. 1 for his own occupation. It was alleged that he was not occupying any other residential building in the urban area of Ambala City and has not vacated any such building without sufficient cause after the commencement of Punjab Act No. 3 of 1949.

(3.) ON the pleadings of the parties, the learned Rent Controller framed the following issues :-