BALI RAM Vs. MUNSHI RAM

JUDGEMENT

(1.) THE landlord has directed this civil revision under section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called the Act), against the order of the Appellate Authority, Ambala dismissing his application for ejectment from the premises in dispute of the tenant on the ground of non-payment of rent.

(2.) IN brief, the facts are that Bali Ram purchased the house in dispute from the Managing Officer, Evacuee Property, Ambala City, in the year 1959. He allegedly rented out the same to Munshi Ram tenant at the monthly rent of Rs. 5/-. The landlord sought the ejectment of the tenant on the ground of non-payment of rent for the last three years immediately proceeding the filing of the application under Section 13 of the Act. He also sought ejectment of the tenant on the ground of personal requirement to use and occupy the house contending that he wants to settle at Ambala being a retired person and intends to get his daughter married. The tenant resisted this application contending that the property in dispute was an evacuee property and was allotted to him. The Custodian, Evacuee Property offered him the sale of the house but Bali Ram approached him for purchasing the same. He further alleged that the landlord being his maternal uncle agreed to purchase this house on his behalf against the verified claim against the property left in Pakistan with the stipulation that the landlord will transfer the house in his name, but later on he wriggled out of this stand. It is further alleged that he has been tenant of the house in dispute under the Evacuee Department and paying rent at the rate of Rs. 1.50 per month. The tenant tendered the rent @ Rs. 1.50 on the first date of hearing. He denied the rate of rent to be Rs. 5/- per month, besides challenging the bonafides of the personal requirement of the landlord to settle at Ambala contending that he had already been permanently settled at Delhi.

(3.) FEELING aggrieved against the said order of the Appellate Authority, the landlord has come up in this revision petition under Section 15 of the Act.