Surinder Gupta, J. - (1.) Both the revision petitions have been taken up together for disposal as these arise from order of ejectment passed by the Rent Controller, Rewari concerning shops situated in same premises of respondents-landlord, who are common in both the petitions.
(2.) For the sake of convenience, the facts have been taken up from Civil Revision No.7203 of 2016.
(3.) Revision petitioners are tenant in shop having house tax No.808/1/2 situated in Kayasthwara, adjacent to Punjabi Market, Rewari. The ejectment of revision petitioners was sought on the ground as follows:- "a) That the respondents have not paid or tendered the rent of the disputed shop to the petitioners in spite of the repeated requests and demand and the arrears of rent @ Rs. 400/- p.m. is due towards the respondents w.e.f. 01.01.2008 till date. The respondents have not paid the arrears of the rent to the petitioners so far. b) That the petitioners have no other commercial property to start the business of the petitioners no.2 and 4, except the shop in dispute and its adjoining shop in possession of Sh. Shiv Kumar (M/s Shiv Churi Bhandar). The petitioners no.2 and 4 intend to start their business of general store in the above shop, which is most suitable market for the said purpose, thus the petitioners require the disputed shop for their personal bona fide necessity. The petitioners have no other commercial property in Rewari except the property shown in the site plan with brinjal colour. The petitioners have neither vacated nor let out any commercial property since January 1949, except the disputed shop and its adjoining shop in the West. The petitioners no.3 and 5 are running the shop under the name and style of M/s Subhan Jewellery and Churi Collection in the shop adjoining to the shop in dispute, as shown in the site plan with brinjal colour. c) That the shop in dispute is more than 100 years old and has become unfit and unsafe for human habitation and business purposes. The walls of the property shown with mark ABCD were constructed with bricks and mud mortar with plaster of cement. There are so many horizontal cracks in the walls and roof of this property. The plaster of the walls has withered away from places and roof has become in shape of pond and. The karries have sagged; ant eaten and are bent. The battens have fallen from many places. The life of the mortar has come to an end. There are leakage and seepage in the roof. There are pits in the floor and roof. The building is totally unfit and unsafe and in a dangerous and dilapidated condition and can fall at any time and requires denovo construction after demolishing existing building shown with mark ABCD. The petitioners want to reconstruct the building have sufficient means and funds for the same. d) That the respondents have taken another shop in Punjabi Market, Rewari just near to the shop in dispute and, therefore, they are also liable to be ejected from the shop in dispute.";