- (1.) The challenge in the present revision petition filed by the petitioners-landlords is to the order dated 6.1.2011 passed by the Rent Controller, Yamuna Nagar at Jagadhri whereby the ejectment application has been dismissed. Challenge has also laid to the order dated 3.3.2014 whereby the appeal has also been dismissed by the Appellate Authority, Yamuna Nagar.
(2.) The application for ejectment was filed by the respondents from shop forming part of the property bearing number B-II/91 description of which was given in the heading of ejectment application. The case of the petitioners is that they had purchased the shop from one Mukesh and others and the shop in question was given on rent at the rate of Rs. 7250/- per month. The relationship was pleaded of landlords-tenants on account of purchase of the shop and ejectment was sought on the ground that it was become unfit and unsafe of human habitation as the building was constructed 75 years ago. Personal requirement of Ashu Singla son of petitioner no.1-Brij Bhushan was pleaded on the ground that he was an unemployed graduate and not gainfully employed and wanted to start his own business after reconstruction of the shop. The arrears were also claimed from 25.10.2007 till filing of the petition i.e. 3.11.2008 along with house tax and interest etc. It was further pleaded that the petitioners wanted to construct the whole building for construction of a shopping complex. The respondents-tenants were alleged to have three of their own shops bearing shops No.B-1-1327, B-1-1293 and B-II-92-A near shop in question but they are not vacating the shop to harass the petitioners-landlords.
(3.) In the written statement filed, the relationship of landlords-tenants was denied and sale deeds were alleged to be sham transactions. The rent alleged was Rs. 325/- per month including the house tax. It was alleged that shop in question along with other three adjoining shops were part of building constructed over part of plot measuring 57 sq. yards which was previously owned by Pandit Lahori Ram Sharma who had let out to the tenants. It was denied that the shop was unfit and unsafe for human habitation and was only 45 years old. Mukesh Kumar had demolished a portion built on the roof of all the four shops and suit for permanent injunction had been filed restraining him from demolishing upper portion of the building which was pending. The property had been purchased after filing the suit for permanent injunction and Malba had been stacked illegally on the roof of the shop since January, 2008 and the petitioners in collusion with the said Mukesh Kumar were illegally trying to use force to make the structure of the shop weak. It was denied that there was need for the personal use and occupation of the shop in question and the petitioners were running business of finance and property dealing under various names and partnership of the property dealers. The petitioners had purchased shops bearing municipal number B-2/85/S/1 along with property bearing No.B- 1/87/A/2 from one Smt. Ritu Arora. The property was having 6-7 shops adjoining to the shop in question and petitioners had also purchased share in all of the building and there was already one shop lying vacant in the alleged building and area measuring 400 sq. yards was lying vacant behind the shop. Petitioner no.1 had filed three suits for ejectment on the ground of need of personal necessity for his son namely Ashu and he had only 1/4th share in whole of the building. He was permanent resident of Panchkula and his family members were also residing there and carrying on their business and even the petitioner no.2 was also residing at Panchkula. In fact they engaged in the business of property and wanted to sell the same after getting the same vacated from the tenants for profit.;