GIAN DEVI Vs. RAJINDER PARSHAD

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 11.9.1986 passed by the learned Appellate Authority under Section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act'), whereby ejectment of the tenant-petitioners from the demised premises, which form part of house No. 542, Ward No. 17, Railway Road, Rohtak, has been ordered.

(2.) RAJINDER Parshad respondent No. 1 claiming himself to be the landlord of the demises premises filed an application under Section 13 of the act before the learned Rent controller, Rohtak. He claimed ejectment of the petitioners on four grounds - namely, that he requires the demised premises for his own use and occupation; that the building is in bad shape and requires reconstruction; that the petitioners have stored articles in the portion of dehliz of the staircase which is not on rent with them and thus have caused obstruction and nuisance in the use of the premises occupied by them; and that the petitioner have not paid or tendered the rent due from them with effect from 10.12.1981 upto the date of filing of the petition on 16.3.1982. The petitioner opposed the ejectment application and filed their written statement. They tendered the rent on the first date of hearing. They denied that Rajinder Prashad respondent needed the premises for his own use and occupation or that the building required reconstruction. They also denied the allegation of nuisance.

(3.) ON tender of the rent on the first date of hearing, the remaining three grounds of eviction survived. The learned Rent Controller vide his order dated 6.2.1986 held that none of the three grounds has been established and, therefore, decided issue No. 1 against the respondent. However, issues nos. 2 and 3 were decided against the petitioner. As a result, the ejectment application was dismissed.