ANNU SHARMA Vs. PARVEEN KUMAR

JUDGEMENT

(1.) The petitioner/tenant challenges order dated 31.3.2018 passed by learned Appellate Authority, Karnal, whereby her appeal against order of ejectment passed by learned Rent Controller, Karnal has been dismissed.

(2.) The respondent/landlord, by way of filing a petition under Section 13 of Haryana Urban (Control of Rent and Eviction) Act, 1973, had sought ejectment of the petitioner from the demised premises in the nature of a shop bearing No.343/18, situated at Char Chaman, Karnal, on grounds of nonpayment of rent as well as on account of personal necessity as the wife of the landlord wanted to open a boutique in the said shop as well as in the adjacent vacant shop by demolishing the common wall so as to merge the two shops and to make further alteration as per modern amenities. The ejectment petition was resisted by the petitioner, wherein a stand was taken that the landlord has not approached the Court with clean hands and has filed the petition just to harass the petitioner. A stand was further taken that the landlord is already running a boutique in the adjacent shop as well as on the first floor thereof and that in addition to the said shops the landlord owns and possessed two more shops situated near Andaaj Showroom, Kunjpura Road, Karnal, out of which one shop was lying vacant and the other is in occupation of the landlord himself as his office, where he is running the business of property dealer. It was further stated therein that the landlord owns three other shops as well in which his brother is running a grocery business.

(3.) The learned Rent Controller, Karnal upon appraisal of the evidence led by parties, held that no ground is made out for ejectment of the petitioner on account of non-payment of rent. However, the petitioner was ordered to be ejected from the demised premised in question on ground of "personal necessity" of the landlord vide judgment dated 29.2014. Upon appeal filed by the tenant the said findings were affirmed by the learned Appellate Authority, Karnal vide judgment dated 31.2018, which has been challenged by way of filing the present revision petition.