OM PARKASH Vs. JASWANT

JUDGEMENT

(1.) Jai Dayal instituted an eviction petition against the petitionertenant, who was carrying on a Dhaba in the shop situated in Apna Bazar Rewari, near Bus Stand Haryana Roadways, Rewari. The petitioner was inducted as a tenant in the year 1972 at a monthly rent of Rs. 250.00 plus house tax. The landlord instituted eviction petition on following three grounds:

(2.) The eviction petition further stated that the landlord had got four shops vacated in the year 1972 for the personal use of sons of the landlord.

(3.) The Rent Controller, Rewari held that the ground of nonpayment of rent was no longer available to the landlord, as the rent was tendered on the first day. It was further held that since the shop in question was let-out for doing the business of Halwai, preparation and selling of non-veg items amounted to change of business, as it was not ancillary to the business of Halwai. The Rent Controller further held that Omwati, daughter-in-law of the landlord was a graduate and was well versed with the business of paints. She had obtained two agencies, i.e. Nerolack Paints and Asian Paints and for running of her business, the shop in question was required, as the daughter-in-law was dependent upon the landlord. Thus, the eviction petition was accepted vide order dated 9th March, 2009.