GOPAL SINGH Vs. MURTI LAXMI NARAIN

JUDGEMENT

(1.) THIS order shall dispose of Civil Revision No. 3192 of 2007 titled Gopal Singh v. Shri Murti Laxmi Narain Jee Wala Mandir, Talab Road, Gopi Colony, Faridabad and Civil Revision No. 3193 of 2007 titled D.C. Tanwar (Dal Chand Tanwar) v. Shri Murti Laxmi Narain Jee Wala Mandir, Talab Road, Gopi Colony, Old Faridabad, as the common questions of law and facts are involved.

(2.) THESE two revisions are directed against the orders passed by the learned Rent Controller as affirmed by the learned Appellate Authority ordering eviction of the petitioner on the ground of bona fide personal necessity and also on the ground of cease to occupy.

(3.) THE petitioner landlord Shri Murti Laxmi Narain Jee Wala Mandir filed a petition under Section 13 of the Haryana Urban Control of Rent and Eviction Act, 1973 seeking eviction of the petitioner from the tenanted premises on the ground that a rent note was executed between the parties which stipulated increase of rent every five years. It was claimed that the tenant was in arrears of rent and also that he ceased to occupy the premises in dispute since January 1988 and the premises are lying closed. It was claimed that premises in question was required for personal bona fide necessity. It was claimed that there is a big hole towards the West of the demised shop which is being used for the general public for religious purposes and the same remains insufficient for the accommodation of the public.