AUGUSTINE GEORGE MASIH,J. - (1.) CM No.16827-CII of 2013 Exemption is granted from filing certified copies of Annexures P-1 and P-6 and the same are taken on record, subject to all just exceptions. Application stands disposed of. CM No.20630-CII of 2013 Exemption is granted from filing certified copies of Annexures R-1 and R-2 and the same are taken on record, subject to all just exceptions. Application stands disposed of. CM No.7290-CII of 2014 Exemption is granted from filing certified copies of Annexures P-10 and P-15 and the same are taken on record, subject to all just exceptions. Application stands disposed of. CR No. 4743 of 2013 This revision petition has been preferred by the petitioners-tenants challenging the order dated 14.02.2011 passed by the Rent Controller, Rohtak, whereby, petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as '1973 Act') preferred by the respondents-landladies seeking eviction of the petitioners from Shop No.1500/17, measuring 19.70 square yards, situated at Main Jhajjar Road, Rohtak, with frontage of 8.5 feet, has been allowed on the ground of personal necessity, appeal against which preferred by the petitioners-tenants has been dismissed by the Appellate Authority, Rohtak, vide order dated 07.05.2013.
(2.) Briefly the facts of the case are that originally, mother of the respondents-landladies, Smt. Shakuntla was the owner of the demised premises i.e. Shop No.1500/17 as also two other Shops No.1499/17 and 1501/17. The demised shop was rented out to late Shri Ashok Kumar vide registered rent deed dated 06.11.1997 (Annexure PW-4/E) w.e.f. 01.11.1997 to 31.10.2002, for five years. Thereafter, a fresh lease agreement (Ex.PW- 3/B) was entered into between Smt. Shakuntla Devi and Shri Ashok Kumar for another five years. Shri Ashok Kumar-tenant died in February, 2004 and after his death, his legal representatives who are the petitioners herein, inherited the tenancy. Smt. Shakuntla Devi gifted the shops to the respondents-landladies vide gift deed No.1030 dated 03.05.2005 (Ex.PW-3/A). On the basis of this gift deed, respondents become owners/landladies and the petitioners acknowledged them as such.
(3.) Petitioners stopped paying the rent of the demised premises and further the respondents-landladies, namely, Kumari Ruchi Bansal-respondent No.1 and Kumari Poonam Bansal-respondent No.2, who are well educated and both possessing the qualifications of M.A., M.Ed. and M.A., B.Ed. in music respectively, having no source of income, required the tenanted premises for starting a Music Coaching Centre. Since they did not have sufficient space for running a Music Coaching Centre, they sought eviction not only of the petitioners but also one Naresh Gupta from Shop No.1501/17 to start the Music Coaching Centre to earn livelihood and for surviving. During the pendency of the eviction petition, the other eviction petition preferred against Naresh Gupta was allowed and the appeal preferred by him stood dismissed and on the basis of the same, respondents took possession of the said shop on 04.06.2012, which has almost the same dimensions as that of the shop in possession of the petitioners i.e. 9 feet in breadth and 21 feet in depth. The respondents-landladies had approached the Court for eviction on the ground of non-payment of rent and on the ground of bona fide personal necessity/requirement.;