SUBHASH CHANDER VERMA Vs. JHABAR MAL

JUDGEMENT

(1.) The present revision petition is directed against the judgment of the Appellate Authority, Sirsa dated 17.4.1982. By virtue of the same, the learned Appellate Authority had set aside the order passed by the learned Rent Controller, Sirsa.

(2.) The relevant facts are that the petitioners had filed an application under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short 'the Act'). The eviction of the respondent was claimed from the suit premises. The grounds of eviction taken up were that the respondent has not paid the arrears of rent from 20.1.1981 at the rate of Rs. 206/- p.m. besides house tax. The respondent is a person of quarrelsome nature and uses foul language. He is a nuisance to the occupants of the building and has impaired the value and utility of the premises by breaking the plaster of the walls. He has made some changes in construction of the building without consent of the petitioners.

(3.) The learned Rent Controller had issued notice of the eviction application to the respondent for 2.2.1982. However on 16.1.1982 both the parties submitted an application for recording of their statements on basis of the settlement that had been arrived at. The settlement duly signed was produced as Ex. P-1 which recited that the respondent admitted that he will vacate the premises within 2 days and in accordance with the settlement, order of evicition could be passed. As regards the arrears of rent, the factum of the same was admitted. But he stated that he will pay the arrears in six instalments and that he has made material alterations which have impaired the value and utility of the premises. On basis of the said compromise, the learned Rent Controller on 16.1.1982 passed the following order :