J. V. Gupta, J. - (1.) The landlord-petitioner has filed this revision petition against the order of the Appellate Authority, Rohtak, dated, 27th July, 1976, whereby the order of the Rent Controller dismissing his application for ejectment has been maintained.
(2.) The landlord-petitioner sought ejectment of his tenant-respondent on the ground that he required the house in question for his use and occupation. According to the allegations in the ejectment application of the landlord, he required the house for his own use and occupation and his own family as he had retired from Government service in Delhi on 10th Sept., 1973, and an order of eviction from the house to which he is occupying in Delhi has been passed. The landlord now wants to settle in Rohtak and he does not own any house in Rohtak other than the house in dispute. In the written statement it was pleaded that the landlord does not require the house in dispute for his personal use since he owns two houses one each in Jhajjar and Delhi. According to the tenant, the house in dispute is under the tenants right from Its existence. The application has been tiled in order to enhance the rent.
(3.) On the pleadings of the parties the Rent Controller framed the following issues : 1. Whether the respondent is liable for ejectment on the grounds set out in the application ? O. P. A. 2. Whether the respondent has paid the rent from Nov., 1973 if so, its effect ? O. P. R. 3. Is the notice invalid ? O. P. R. 4. Whether respondent has not tendered the rent in time ? If so its effect ? 5. Relief.;