SUNIL KUMAR Vs. MADAN MOHAN DAWAR

JUDGEMENT

(1.) Civil Revision Nos. 7660 and 7661 of 2017 are taken up for hearing and decision together. Respondent - landlord is common in both the matters. The above said revision petitions have been filed by two different tenants of the said landlord, challenging decisions, both dated 04.09.2017, passed by learned Rent Controller, Ambala in two separate petitions filed by the respondent - landlord.

(2.) Brief facts necessary for adjudication of both these petitions are that the respondent - landlord filed three eviction petitions, under Section 13-A (1-A) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 seeking eviction of three different tenants in the same building. In one of the petitions titled Madan Mohan Dawar vs. Jasbir Singh, the matter was amicably resolved and the shop under tenancy of Jasbir Singh was vacated. It is pleaded by the respondent - landlord in both the cases that he is the owner and landlord of property bearing No. 159 (312/159) Gobind Nagar, Jagadhri Road, Ambala Cantt., as detailed in the petition. The present petitioner/petitioners are stated to be the tenants under the landlord in a portion consisting of one room each on the first floor of the building and as depicted in the site plan with the petition. The said premises were let out on rent at a monthly rent of Rs. 2,000/- to the petitioner - Sunil Kumar and Rs. 1,500/- per month to Ashok Kumar for the last 14 years. The rooms/shops under tenancy of the petitioners was for non-residential purposes and were being used as such since the inception of tenancy.

(3.) It is further pleaded that the landlord was employed with the Judicial Department, Government of Haryana as Superintendent Grade - II. He retired from service on 30.06.2013 after attaining the age of superannuation. Respondent - landlord pleaded that he required the premises for starting his own business of Coffee House/Snack Shop in the entire premises under the tenancy of all the three tenants. It is stated that the petitioner had also filed a petition for vacation of the premises with Jasbir Singh on the ground floor. The landlord pleaded that he wished to start his business of Coffee House/Snack Shop after joining all the three shops and that he would connect the ground floor with the first floor, from inside the shop on the ground floor. Another petition for eviction stood filed against another tenant Rajiv Kumar on the ground of personal necessity of the landlord - respondent for establishment of his office and library in the portion/shop under the tenancy of Rajiv Kumar. It is specifically pleaded that the landlord alongwith his family was residing in the back portion of House No. 159, Gobind Nagar. Bimla Rani - sister of the landlord (divorced) alongwith her son was also living in the portion of the said house since 1994. In the front portion of Property No. 159, four shops and a garage are stated to exist. It is further revealed that the petitioner's wife owned one house, which is situated about one and a half kilometres from Jagadhri Road but the same, it is stated, is not suitable for the business of running a restaurant/Coffee House/Snack Shop. Landlord also revealed his ownership of a house in Sector 8, Housing Board Colony, Ambala City but stated that apart from the fact that the said house required lot of renovation and reconstruction, the same is not suitable for the business of running a restaurant/Coffee House/Snack Shop. The petitioners filed applications for permission to leave to defend, which are attached as Annexure P-2 with both the revision petitions. It is pleaded that the petitioners are entitled for leave to defend on the grounds that:-