SURYA KANT, J. - (1.) This Revision Petition is preferred by the tenant against whom an ejectment order dated 18.10.2007 was passed by the Rent Controller, Gurgaon and which has been further upheld by the Appellate Authority vide its judgment dated 31.3.2008.
(2.) THE facts may be noticed briefly. The respondent-landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent Eviction) Act, 1973 (in short the Act) for eviction of the petitioner from shop No. 53/3 situated in Ward No. 3, Fountain Chowk, Sohna, District Gurgaon (in short the demised premises) on the grounds that :- (i) the petitioner has failed to make payment of rent and house tax since 1.3.1998; (ii) the petitioner, in collusion with the tenant in the adjoining shop, has constructed a wall Mark CE in the verandah in front of the demised premises and has, thus, materially impaired the value and utility thereof; and (iii) the demised premises is required by the respondent-landlord for his personal use and occupation.
(3.) THE petitioner contested all the grounds, however, tendered the entire arrears of rent. As regard to the construction of wall mark CE in the verandah, the petitioner took the plea that he never raised the same. Similarly, the 'bona fide personal necessity' of the respondent was also disputed on the ground that the shop known as "Mangal Deep Emporium" belongs to him as his father, being quite old and infirm, is incapable to run the business.;