Sudip Ahluwalia, J. - (1.)This Revisional Application is directed against the Judgment dated 29.04.2019 passed by the Ld. Appellate Authority, Faridabad in Rent Appeal No.4 of 2018 affirming the Judgment of the Rent Controller, vide which the Eviction Petition filed by the Respondents/Landlords under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 had been allowed.
(2.)Background of the matter is that the Eviction Petition was filed against the Petitioner/Tenant seeking her ejectment from the demised premises essentially on two grounds being, firstly, that she had defaulted in payment of rent for the demised premises, and secondly, that the premises were required by the Landlords for their own bonafide personal necessity.
(3.)From the impugned Judgment, it transpires that at an earlier stage on 15.11.2016, during pendency of the Eviction Petition, the Ld. Rent Controller had calculated the arrears of rent to the tune of Rs.3,60,000/- including interest and costs. Such amount was not deposited on behalf of the Petitioner/Tenant on the designated date for that purpose, which happened to be 29.11.2016. She preferred an Appeal against that Order of Provisional Assessment, operation of which was, however, stayed by the Appellate Authority. On 9.12.2016, which was clearly well after the date of payment as directed by the Rent Controller (29.11.2016) had already passed, and so, the Petitioner on that date was not protected by any stay order. During pendency of the Appeal, however, the original Eviction Petition itself was decided in favour of the Landlady/present Respondent No.1, on account of which, the Appeal against the Provisional Order of Assessment was rendered infructuous.