SHAMMI KAPOOR Vs. S. BALBIR SINGH

JUDGEMENT

(1.) Petitioners/tenants are aggrieved of decision dated 27.08.2013, passed by the learned Rent Controller, Yamuna Nagar at Jagadhri, whereby petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'Act') has been allowed as well as judgement dated 20.04.2018 passed by the learned Appellate Authority, Yamuna Nagar at Jagadhri, whereby appeal preferred by the petitioners, has been dismissed.

(2.) Ejectment of the petitioners has been ordered on the ground of impairment of the value and utility of the building by removal of the wall separating two shops and with the merger of the area with the adjoining building without the consent of the landlords.

(3.) Brief facts as pleaded in the petition under Section 13 of the Act preferred by the respondents-landlords seeking ejectment of the tenants (present petitioners) from the shop in question as described in the petition are that relationship of the landlord and tenant is claimed to be existing between the parties. The property in question was originally owned by Ishar Kaur, the mother of the respondents. After her death, all her legal heirs including the respondents-landlords stepped into her shoes and became the landlords/owners of the shop in question. It is pleaded that the western wall of the shop was removed illegally by the tenants and the area merged with that of the adjoining building without consent of the landlords, which has weakened the structure of the shop as well as the first floor of the building. 'Verandah' in front of the shop, is stated to have been included due to which the structure of the building was affected. Moreover, identity of the shop of the petitioners was lost, thereby impairing its value. Legal notice dated 02.08.2008 was stated to have been served upon the tenants. Ultimately, the present petition was filed.