IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 19.11.2025 Date of decision: 22.12.2025 Uploaded on: 24.12.2025 MADHU SAINI & ANR. ..Petitioners Versus RAJ RANI & ANR. ..Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. S.S. Antal, Advocate for the petitioners.

Mr. Sanjay Jain, Advocate for respondents.

SUDEEPTI SHARMA , J. (Oral)

1. The challenge in the present revision petition is to judgment dated 21.12.2024 passed by learned Rent Controller, Ambala, whereby, the petition filed by respondent under Section 13 of Haryana Act No.11 of 1973 for ejectment was allowed and judgment dated 01.05.2025, whereby, appeal filed against judgment dated 21.12.2024 passed by learned Rent Controller, Ambala, was dismissed by Appellate Authority, Ambala and order of even date i.e. 01.05.2025, whereby, two applications, filed by petitioners, respectively, under Section 107(1)(D) of Code of Civil Procedure, 1908 (in short ‘CPC’) for leading additional evidence were also dismissed.

BRIEF FACTS OF THE CASE

2. Brief facts of the case as per the pleadings before learned Rent Controller are that house No.733, Sector-7, Housing Board Colony, Ambala City was purchased by the respondent No.1 vide sale deed dated 21.08.2003 for a valuable sale consideration amount from Sh. Jiwan Kumar. After purchase of said house, both the respondents constructed second storey on the said house. The respondents were senior citizens and were residing in the house in question upto the year 2011. Thereafter, Sh. Shiv Parkash, petitioner No.2 had taken the ground floor of the house no. 733, Sector-7, Housing Board Colony, Ambala City on rent from the respondent No.2 in April, 2014 at the rate of Rs. 4000/- per month. In the month of April, 2015, rent was increased to Rs. 4500/- per month. Petitioner No.1 started residing with her father Sh. Shiv Parkash, petitioner No.2 on the ground floor of said house. The first floor of the house in question was lying vacant. In the month of September, 2014, petitioner No.1 took the keys from the respondents on the pretext that petitioner no.1 needs the first floor of said house temporarily as she has organized the Mata Jagran for peaceful stay of her guests but none of the petitioners paid the rent to the respondents w.e.f. 01.04.2016. On the other hand, petitioner No.1 at the instance of petitioner no.2 threatened the respondents that respondent no. 2 is not the owner of the house as the said house was allotted to Sh. Chander Bhan Gupta in whose favour the Housing Board, Haryana executed the conveyance deed dated 18.03.1998. Sh. Chander Bhan Gupta sold the house No.733, Sector-7, Housing Board Colony, Ambala City to Sh. Jiwan Kumar and from Jiwan Kumar, the respondent no.1 has purchased the said house. Thereafter, matter was reported to the police and petitioner no.1 undertook to vacate the house No.733, Sector-7, Housing Board Colony, Ambala City within 15 days and accordingly, respondents withdrew the application from the police station. Thereafter, petitioner No.1 instead of vacating the house No.733, Sector-7, Housing Board Colony, Ambala City filed suit for permanent injunction by alleging herself to be the tenant in the entire house in question.

3. Thereafter, respondents filed petition under Section 13 of Haryana Act No.11 of 1973 for ejectment.

4. The petitioners filed written statement to the same and contested the same. Since, the petitioners failed to appear before the Court in person or through any attorney, therefore, petitioners were proceeded against ex parte vide order dated 07.07.2023. Thereafter, the petition filed by the respondents was allowed vide order dated 21.12.2024 passed by learned Rent Controller, Ambala. Petitioners filed appeal against order of eviction dated 21.12.2024 under Section 15 of Haryana Act No.11 of 1973, which was dismissed by Appellate Authority, Ambala on 01.05.2025. Petitioners have filed two applications under Section 107(1)(D) of CPC read with Order XLI Rul