JAI PARKASH Vs. SANJEEV BANSAL

JUDGEMENT

(1.) That the petitioner/tenant (through his LRs) filed the present revision petition seeking to challenge the judgments dtd. 11/10/2010 and 16/10/2013 passed by the Rent Controller, Kurukshetra and Appellate Authority respectively allowing the eviction of the petitioner /tenant from the demised premises.

(2.) That the brief facts of the case are that the respondent-landlord (respondent for short) filed an eviction petition against the petitioner/tenant (petitioner for short) for seeking his eviction from a shop, i.e. shop bearing House tax registration No.630, Ward No.8, near Old company office, Town Shahabad, District Kurukshetra, for not paying the rent due, for damaging the entire inner portion of the shop,and that the premises were required for the commencement of general store business of his father, who had retired from the office of Accountant General Haryana in August, 2004.

(3.) The petitioner contested the eviction petition and filed his written statement and inter-alia took preliminary objection that the respondent/landlord had no right, title or interest to file and maintain the petition as the petitioner paid the rent of the shop in question till September, 2005 along with the house tax. The petitioner averred that he had paid the rent for the month of September, 2005 on 1/9/2005 and also paid the house tax on 1/9/2005 but the respondent never issued any receipt of rent. He further took objection that the respondent did not come to the Court with clean hands and had suppressed the material facts from the Court. The petitioner denied that he has any other shop in the Shahbad town except the shop in question. The petitioner paid the rent as assessed by the Rent Controller amounting to Rs.23,122.00 for the period 1/9/2003 to 30/9/2003 under protest reserving his right to recover the rent up to month of September 2005 being already paid by him. On the basis of the pleadings, the Rent Controller framed the following issues:-