ASHA RANI Vs. HARISH CHANDER

JUDGEMENT

(1.) The present revision is filed against the impugned judgment dated 7.2.2015 passed by the Appellate Authority, Yamuna Nagar at Jagadhri whereby the order and judgment passed by the Rent Controller, Yamuna Nagar at Jagadhri allowing the eviction petition was set-aside.

(2.) The petitioner filed the eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against the respondent from a shop on the ground of non-payment of rent and on the ground that the tenant had ceased to occupy the shop.

(3.) Upon notice, the respondent-tenant tendered the rent before the Rent Controller. However, the eviction was ordered on the second ground. Aggrieved with the passing of the order of eviction, the respondent-tenant filed the appeal. The said appeal was allowed and the order of the Rent Controller was set-aside. The Appellate Authority set-aside the order firstly on the ground that AW2 Shadi Ram, who corroborated that Meter Reader takes the meter reading, did not know where the shop was situated. The next witness Sunil Virmani AW3 admitted that he came on the asking of the son of the landlady and did not receive any summons and it could not be proved that he was a neighbour of the landlady. Secondly, there was a discrepancy in the statements of AW3 Sunil Virmani and the landlady. The landlady stated that the shop was unoccupied for the last one year whereas Sunil Virmani AW3 stated that it had remained unoccupied for the last 21/2 years. Thirdly, no Local Commission was appointed to find out the truth. Further, as per the Excise and Taxation Department, the respondent-tenant is still shows the address of the shop as his work place.