Rakesh Kumar Jain, J. - (1.) THE tenant is in revision against the order of the learned Appellate Authority, Hisar, dated 17.3.2006, by which order of the learned Rent Controller, Hisar, dated 19.10.2005, has been set aside and the ejectment petition filed by the Respondent/landlord has been accepted.
(2.) IN brief, the facts of the case are that the Respondent/landlord had filed eviction petition under the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short, 'the Act'), in respect of a shop which is a portion of a building beating MCH No. XVIII -674, Old No. 696/467/1, situated at Mohalla Sanian, Hisar, on the ground of non -payment of rent and also on the ground that at the time of death of his mother Smt. Darshna Devi, he was a minor as his Date of Birth is 30.1.1979 and has neither any shop in Hisar, State of Haryana as well as in India nor has vacated any shop since 1949 and the shop in question is required for his personal use and occupation because he wanted to carry on the business of cycle repairs. The petition was contested by filing a reply and the averments made therein were denied. Since the petition was filed by the landlord on the ground that he was a minor at the time when his mother (who was the landlady) had died, required the premises for his personal necessity, had invoked the provisions of Section 13 (3 -A) of the Act, but he failed to prove the ingredients thereof that the demised premises is a part of non -residential building, rather finding had been recorded by the learned Rent Controller that it is a part of a residential building, therefore, the provisions of Section 13 (3 -A) of the Act were not applicable.
(3.) THE Respondent had filed an appeal before the learned Appellate Authority in which finding of fact with regard to the nature of building was reversed and it was held that the demised premises is a non -residential building, therefore, the provisions of Section 13 (3 - A) of the Act are squarely applicable.;