PREM NATH Vs. HAVILDAR DEVI DAYAL

JUDGEMENT

(1.) Havildar Devi Dayal, present respondent, had filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for the ejectment of Prem Nath tenant-petitioner from his house No. 3531, Timber Market, Ambala Cantt., after obtaining a certificate from his officer-Commanding, that he was serving in special conditions in the Army unit and required the house for his own use and for the use of his family. The petitioner-respondent, in his petition, alleged that he was a member of the Armed Forces. The respondent in reply to that para stated that the petitioner-respondent was not in active service but is only Havildar and posted at Ambala Cantt. He also denied that he was serving under special conditions. The Rent Controller ordered the eviction of Prem Nath tenant and allowed him 15 days time to arrange for alternate accommodation. The appeal filed by Prem Nath before the Deputy Commissioner, Ambala, failed. He field revision against the order of the Deputy Commissioner in the court of the Financial Commissioner, Haryana, exercising the powers under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act 1973. Notice was issued to the respondent and he has been appearing in the Court of the learned Financial Commissioner. Consequently, with the amendment of the aforesaid Act, the revision petition was transferred to the High Court.

(2.) The learned counsel for the petitioner contended that Havildar Devi Dayal in fact did not require the house in dispute for his own use, that he has not proved the required ingerdients of Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act) and that certificate Exhibit P.W. 1/2 alleged to have been given by the Commanding Officer is not a valid certificate.

(3.) In view of the admission of the respondent-petitioner in the written statement that Devi Dayal is a Havildar, this case will fall under Section 13(3)(a)(v) of the Act which reads as under :