J.S.KHEHAR, J. - (1.) THE respondent-landlord, Arya Samaj Sewa Sadan, Ballabgarh is undisputedly the owner of E/173, Ward No. 3, Ballabgarh, part of which is in possession of the petitioner as a tenant. It is not a matter of dispute that the aforesaid premises is in a residential area and is occupied by the petitioner-tenant for residential purpose.
(2.) THE respondent-landlord filed an application for ejectment of the petitioner-tenant on two grounds. First ground raised for eviction was on account of non-payment of rent. Rent was claimed at the rate of Rs. 49/- per month w.e.f. 1.12.1989 to 31.1.1994. Secondly, eviction was sought on the basis of the alleged personal requirement of the landlord (the respondent). The respondent's need of the premises in occupation of the petitioner-tenant is for the purpose of housing a library therein. In this behalf, it is alleged by the respondent-landlord that the Arya Samaj Sewa Sadan was running a library in the name of Durga Devi Library in another building, situated in ward No. 5, Ballabgarh. The aforesaid building, i.e. Arya Samaj Bhawan site in Ward No. 5. Ballabgarh is primarily used for religious ceremonies in the nature of Havans, Satsangs and discourses of Vedas. During the course of the aforesaid religious ceremonies, the library located therein has necessarily to be closed down. The temporary closure of the library during the course of the said ceremonies caused hindrance to the devotees, who use library. It was alleged that in case the library is shifted to the premises in occupation of the petitioner-tenant, the library would operate without any inconvenience to the devotees. On the first ground, it was held by the Rent Controller that the rate of rent was Rs. 40/- besides house-tax at the rate of Rs. 4/- per month. The petitioner-tenant having tendered the rent @ Rs. 44/- per month before the Rent Controller for a period of three years prior to the filing of the ejectment application, it was held that the petitioner-tenant had discharged his liability on account of arrears of rent. On the second ground also, the claim of the respondent landlord was turned down by the Rent Controller by holding that the respondent-landlord could seek eviction of the petitioner- tenant under Section 13(3)(a)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter to be referred as "the Rent Act") only on account of personal residence of the respondents. The plea for requiring the premises sought for running a library was held to untenable.
(3.) DISSATISFIED with the determination of the Rent Controller, the respondent-landlord preferred an appeal before the Appellate Authority. Before the Appellate Authority, the solitary claim agitated on behalf of the respondent-landlord was the ground of persons requirement. The Appellate Authority upheld the contention of the respondent-landlord and ordered eviction of the petitioner-tenant.;