HANS RAJ Vs. KEWAL KISHORE
LAWS(P&H)-2008-10-17
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 30,2008

HANS RAJ Appellant
VERSUS
Kewal Kishore Respondents

JUDGEMENT

KANWALJIT SINGH AHLUWALIA, J. - (1.) TENANT having failed before learned Rent Controller, Jalandhar, and learned Appellate Authority, Jalandhar, has approached this Court by filing a revision petition on the ground that the findings of fact returned by the two Courts below that the demised premises are required by the landlord for settling his son Saurav and to establish an independent business for him are not borne out from the facts of the case.
(2.) BRIEFLY stated, Kewal Kishore, landlord of the shop, filed an eviction petition stating therein that the tenant-petitioner was inducted at the rate of Rs. 225/- per month. It was further stated that the property in question was a joint family property and vide family settlement, which was reduced in writing, this property had fallen to the share of the landlord. Eviction petition was filed on two grounds. First that the tenant is in arrears of rent from 18.1.1988 to 31.3.1992 and the other that the shop is required for his own use an occupation as his son Saurav is to be made independent from the family business for setting up goldsmith business for Saurav. Necessary ingredients for invoking personal necessity that the petitioner and his son do not own or possess any other shop in such like area and they have not vacated the same since the commencement of the Rent Act were also pleaded.
(3.) NOTICE of the eviction petition was issued.;


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