SOM NATH Vs. PANKAJ

JUDGEMENT

(1.) Present petition has been preferred by Som Nath (tenant) assailing the orders of two courts below, i.e., Rent Controller, Panipat and Appellate Authority, whereby the eviction of the petitioner from the demised premises, a shop, has been ordered. From recapitulation of facts from the orders of two courts below, it surface that the petitioners are legal representatives of Siri Krishan, who on the basis of a judgment and decree of the Civil Court, had succeeded to the property in a family settlement and thus, respondents, petitioner to the ejectment petition, had stepped into the shoes of landlord. The shop in question was let out to petitioner Som Nath by one Smt. Trishna Devi for a period of five years on 22.12.1992 at the rent of Rs. 600/- per month excluding house tax to be paid by the tenant. It was agreed in writing reduced vide Vasika 4360 dated 22.12.1992 that after two years, there will be increase in the rent by 10 percent. In the eviction petition instituted, five grounds were taken : (a) Non-payment of rent; (b) Non-deposit of electricity charges; (c) Building having become unsafe and unfit for human habitation; (d) Guilty of having impaired value of building by breaking its floor and parchhatti; and (e) The Rent Controller and the Appellate Authority found that the shop is required by the landlord for own use and occupation and the ground of personal necessity was impleaded. The same has been noticed by the Rent Controller as under: