OM PARKASH Vs. MOHINDER SACHDEVA

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner seeking to challenge the judgments dated 25.4.2014 and 28.11.2018 passed by the Rent Controller, Kurukshetra and the Appellate Authority respectively, allowing the ejectment petition filed against the respondent.

(2.) Briefly, the facts of the case are that the respondent/landlord ('the respondent' for short) had rented out a shop to the petitioner/tenant ('the petitioner' for short) situated opposite Gita School near Sunny Sports, Railway Road, Kurukshetra at the rate of Rs.1,000/- per month plus house tax. The respondent filed an eviction petition against the petitioner on the grounds of non-payment of rent since 1.1.2005 to date as well as house tax, requiring the shop for the business of his son, who was unemployed and the petitioner had impaired the value and utility of the said shop materially as he had got the electricity connection and meter removed without the consent of the respondent in writing.

(3.) After notice, the petitioner contested the petition and filed his written statement taking preliminary objections of maintainability, cause of action and locus standi etc. He further averred that earlier also the respondent tried to evict the petitioner forcibly, which led to the filing of Civil Suit No.18 of 2005, which was filed by the petitioner seeking decree of perpetual injunction against the respondent from disturbing the enjoyment of the shop and forcible and illegal eviction from the shop in question. The said suit was decreed in favour of the petitioner and the respondent was restrained from dispossessing the petitioner from the shop in question. The petitioner further averred that the rent up to 31.03.2011 has been paid to the respondent and nothing is due towards him. He further took objection that the shop in question was not required by the respondent for his son, who is an advocate and joined legal profession and as such is not unemployed. He prayed that the eviction petition be dismissed with costs.