JUDGEMENT
Faizan Uddin, J. -
(1.) Leave granted.
(2.) This appeal under Article 136 of the Constitution of India has been directed against the judgment dated 19th February, 1991, passed by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Civil Revision No. 1076 of 1987 reversing the judgment and order of eviction passed against the tenant-respondent herein by the Rent Controlling Authority, Karnal in Rent Case Nos. 41/2 of 1984 (21/2 of 1982) and affirmed by the Appellate Authority, Karnal in Rent Appeal No. 1 of 1986 decided on 11th March, 1987.
(3.) The present appellant brought the suit seeking the eviction of his tenant, the respondent herein, from the House No. 372, situated in Ward No. 7, Sadar Bazar, Karnal consisting of two rooms, one varandah and kitchen and an open courtyard on the grounds set out hereunder:-
I THAT the respondent was a defaulter in respect of payment of arrears of rent from 1-8-1979 to 31-7-1982 at the rate of Rs. 20/- per month amounting to Rs. 720/- and House Tax to Rs. 90/-;
II THAT the respondent had started tethering cattle and putting dung cakes on walls of demised premises diminishing its value and utility;
III THAT the respondent had ceased to occupy the tenanted premises for more than a year without reasonable cause and;
IV THAT the respondent-tenant has shifted his residence to his own residential House No. 351/7, Sadar Bazar, Karnal having purchased in the name of his wife which is reasonably sufficient for himself and his family members.
It may be pointed out here that the aforementioned grounds of eviction fall under Sections 13(2)(i, 13(2)(iii, 13(2)(v) and 13(3)(a)(iv) respectively of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the "Act").;
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