- (1.) PETITIONERS had sought ejectment of Prem Chand (since deceased) by filing a petition under Section 13 of Haryana Urban (Control of Rent and Eviction) Act, 1973 ('Act' for short) on the grounds of personal necessity, arrears of rent and that the premises had been rendered unsafe and unfit for human habitation.
(2.) TENANT , in his reply, prayed that he was regularly paying the rent and denied the other contentions in the ejectment petition.
(3.) ON the pleadings of the parties, following issues were framed by the Rent Controller: - 1. Whether the respondent is liable to be ejected from the tenanted premises on the ground of arrears of rent w.e.f. 1.12.91 to 30.9.1995? OPP 2. Whether the tenanted premises has become unfit and unsafe for human habitation? OPP 3. Whether the tenanted premises is required by the petitioners for their own use and occupation bonafide ? OPP 4. Whether there is relationship of landlord and tenant between the parties ? OPP 5. Whether petitioners have no locus standi to file the present petition ? OPR 6. Whether the petition is not maintainable in the present form ? OPR 7. Relief. Parties led their evidence in support of their case. Rent Controller vide order dated 4.9.2000, allowed the ejectment petition and ordered the ejectment of the tenant on the ground of personal necessity. However, the said order was reversed in appeal by the Appellate Authority vide order dated 13.11.2001. Hence, the present petition by the petitioners -landlord.;