The court upheld the eviction order based on the respondent-landlord's evidence and the lack of evidence presented by the petitioner-tenant to disprove the claims.

JUDGMENT

Alka Sarin, J. (Oral). - This is a revision petition against the impugned orders passed by both the authorities below ordering eviction of the petitioner-tenant from House No. 12, Purani Gali Mandi, Ram Bagh Road, Ambala Cantt. in proceedings under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the "Haryana Rent Act").

2. The brief facts, relevant to the present Us, are that the respondent-landlord filed an ejectment petition under Section 13 of the Haryana Rent Act for eviction of the petitioner-tenant from the premises in dispute i.e. House No. 12, Purani Gali Mandi, Ram Bagh Road, Ambala Cantt. It was averred in the ejectment petition that the respondent is a landlord and the petitioner is a tenant under him in respect of the premises in dispute since 2009. The rate of rent was settled at Rs.2,000/- per month at the time of commencement of the tenancy. It was further averred that the petitioner-tenant is a habitual defaulter in payment of rent and that she had never paid the rent on time and had, therefore, made herself liable for eviction from the premises in dispute on the ground of non-payment of rent since March 2010. However, the respondent-landlord restricted his claim to rent for a period of three years. Thus, the respondent-landlord claimed rent from the petitioner-tenant with effect from July 2012 to June 2015 at the rate of Rs.2,000/- per month besides taxes and electricity charges.

3. The petitioner-tenant appeared and filed her written statement raising grounds qua maintainability and suppression of true and material facts. On merits, the petitioner-tenant contested the ejectment petition stating that it has been filed only to harass her and that she is residing in the property bearing House No. 10, Purani Gali Mandi, Ambala Cantt. for the last 40 years being it's owner, whereas, the respondent-landlord is claiming this Property No. 10 as Property No. 12 and trying to grab the same. It was further averred that respondent-landlord has no proof of ownership with regard to the property in question. The relationship of landlord and tenant was denied by the petitioner-tenant.

4. Issues were framed. The respondent-landlord led his evidence by producing Ex.Pl to Ex.P6 and four witnesses PW1 to PW4. On the other hand, no evidence was led by the petitioner-tenant. On the basis of the pleadings and the evidence led, the ejectment petition was allowed and the respondent-landlord was held entitled to vacant possession of the premises in dispute on the ground of non-payment of rent.

5. Aggrieved by the said order, the petitioner-tenant approached the Appellate Authority. Before the Appellate Authority, an application for additional evidence was filed by her for producing Aadhaar Card, Ration Card, Voter Card/List, Saving Bank Account papers, Indane LPG Consumer Record, etc. Vide a separate order dated 07.03.2020 the application for additional evidence was dismissed on the ground that the dispute in the present case is qua House No. 12 and not House No. 10 and the documents in no way show that the petitioner-tenant herein is not in possession of House No. 12. The second ground on which the application for additional evidence was rejected was that the petitioner-tenant was in knowledge and possession of the said documents. However, the same were not produced by her despite due diligence. Thereafter, the appeal filed by the petitioner-tenant was also dismissed by the Appellate Authority vide order dated 07.03.2020.

6. The only contention raised by learned counsel for the petitioner is that the petitioner-tenant is in possession of House No. 10 and not House No. 12 and that she had submitted all the relevant documents with her application for additional evidence before the Appellate Authority to show that she was a resident of House No. 10. The argument raised by counsel for the petitioner-tenant is that the petitioner-tenant is residing in House No. 10 and that the responde