SOM NATH Vs. KRISHNA DEVI NAYAL

JUDGEMENT

(1.) THIS civil revision is directed against order dated 24. 12. 1993 of the Rent Controller whereby application filed by the petitioner Under Section 13-A of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for the ejectment of his tenant, namely, the respondent herein, has been dismissed.

(2.) IN brief, the facts are that the landlord (petitioner herein) filed an ejectment application Under Section 13-A of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (Hereinafter referred to as the Act) in the Court of Rent Controller against the respondent praying for her ejectment on the ground that he has retired on 31. 12. 1992 from the service of Union of India, Ministry of Department of Telecommunication as Divisional Engineer, Telegraphs from New Delhi, he has to vacate the government premises after his retirement and so he requires the premises in question for his personal use and occupation. He alleged that he neither owns nor possesses any other house in the Urban area of Shahbad and has not vacated any house in Shahbad nor he got any house vacated from his tenant.

(3.) AT the out-set, it may be stated that the learned counsel for the petitioner has not contested the finding of the Appellate Authority in regard to non-maintainability of appeal and has fairly conceded that the appeal did not lie before the Appellate Authority. Counsel has contended that this Civil revision may be treated against the order of the Rent Controller dismissing his application Under Section 13-a of the Act.