Mahender Pal and Others vs Yogeshwar Parshad

G.C. Garg, J.—Yogeshwar Parshad filed an application u/s 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short ''the Act'') seeking ejectment of Mahender Pal and others from house No.544, situated in Mohalla Athghara, Railway Road, Rohtak. This application was dismissed by the learned Rent Controller. On appeal, the appellate authority allowed the appeal, set aside the impugned order and ordered ejectment of the tenants. Aggrieved by the order of ejectment passed by the appellate authority, Mahender Pal and others have filed this revision.

At the hearing of the petition, learned counsel for the petitioners has placed on record a photostat copy of the sale deed dated April 22, 1994, executed by Yogeshwar Parshad in favour of the heirs of Mahender Pal, one of the petitioners herein. A reading of sale deed goes to show that Yogeshwar Parshad has sold the house in question to the widow and sons of Mahender Pal. In the situation, the submission of the learned counsel for the petitioners that the petitioners are in possession of the house on their own rights and this petition has to be allowed on that ground, deserves to be accepted. Learned counsel for the respondent has also not been able to controvert the stand taken by the counsel for the petitioners. In those circumstances, I allow this revision petition and dismiss the application of the respondent-landlord, u/s 13 of the Act seeking ejectment of the petitioners from the house in question. The parties shall bear their own costs.