- (1.) This is tenant's revision petition challenging the impugned judgment of the Appellate Authority whereby eviction of the petitioner has been ordered from the demised premises, while accepting the appeal of the respondent-landlord against the order of the Rent Controller, Jagadhari, whereby the ejectment application filed by him was dismissed.
(2.) The respondents-landlords in the ejectment application had averred that they were owners of the demised premises and the same was given on monthly rent of Rs. 60/- per month, to respondent No. 3 through its partner-Om Parkash-respondent No. 4.
(3.) It was further averred that respondent No. 4 and petitioner are the partners in the above said firm i.e. Respondent No. 3 and the rent was paid by the petitioner, on behalf of respondent No. 3 upto March, 2003 against valid receipts but after that the petitioner and respondent Nos. 3 and 4 have not paid any amount and thus, respondents were liable to be ejected the following grounds :- "i) arrears of rent for the period of 10 months i.e. w.e.f.1.4.2003 to 31.1.2004 @ Rs. 60/- total amounting to Rs. 600/- house tax Rs. 75/- and respondents are also liable to pay interest and costs as assessed by the Court. ii) the shop in question in in dilapidated as same is about 100 years old, made of old katcha bricks with wooden battons; three rooms out of the total construction of the house of which disputed shop is the part has already fallen and on the spot of other portion of the property including shop has become in miserable condition which can fell down at any time due to rainy season and in this way, whole property including shop has become dangerous which is unfit for human habitation.Moreover, there are also cracks in the walls. iii) The disputed shop is required by the petitioners for their own personal use and occupation as petitioner No. 1 wants to start her business of fashion designing and Stiching from Jetcom Computer Centre Sadhaura. Further it is submitted that the petitioners are not getting any such like shop within the Municipal limits of Jagadhari nor any such shop has been vacated without sufficient cause after coming into force the Haryana Urban (Control of Rent & Eviction) Act. It is submitted that petitioner has requested the respondent many times to vacate the disputed shop but all in vain. Hence, the present petition.";