ANIL GULATI Vs. ANSHUL KATHURIA

JUDGEMENT

(1.) This judgment shall dispose of two revision petitions i.e. Civil Revision No.3962 of 2013 and Civil Revision No.5142 of 2013 as the same have arisen out of one eviction petition to evict the petitioner initiated by the respondent-landlord against the petitioner and the impugned order in both these petitions was passed by the Appellate Authority vide one common order.

(2.) Respondent-Landlord-Manohar Lal Kathuria (since deceased) now being represented through respondent filed eviction petition against the petitioner on the ground that petitioner was in arrears of rent and has not opened the shop for last more than one year, which is lying closed and also on the ground that he needs the same for his personal bonafide necessity to settle his son in a business.

(3.) Upon notice, petitioner-tenant appeared and filed written statement raising various preliminary objections. On merits, it was submitted that he had taken the premises in dispute on rent in March, 1998 from Lakhmi Chand Ratra on a monthly rent of Rs. 450/- which was inclusive of house tax etc. The respondent-landlord had purchased the said shop in the year 1991 and become the landlord thereof. Though there was no agreement in writing for enhancement of the rent, however, the rent was being enhanced from time to time with the consent of both the parties and the last rent paid by the respondent was Rs. 510/- per month which he is regularly tendering.