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2019 Supreme(SC) 2223

UDAY UMESH LALIT, VINEET SARAN
Daya Rani – Appellant
Versus
Shabbir Ahmed – Respondent


Advocates Appeared:
Ms. Kaveeta Wadia, Advocate, Ms. Apeksha, Advocate, for the Appellant; Mr. Ajay Veer Singh Jain, Advocate, Ms. Mamta Jain, Advocate, Mr. Uday Ram Bokadia, Advocate, Ms. Divya Garg, Advocate, Mr. Somesh Arora, Advocate, Mr. Manish Jain, Advocate, Mr. Sonal Jain, Advocate, for the Respondent.

JUDGMENT

U.U. Lalit, J. - Leave granted.

2. These appeals arise out of the common judgment and order dated 6.9.2018 passed by the High Court of Punjab and Haryana High at Chandigarh in Criminal Revision No.4781 of 2011 and Criminal Revision No.8734 of 2016.

3. The facts leading to the filing of appeal arising out of Criminal Revision No.4781 of 2011 are:

    (a) The respondent-Rajesh Kumar took on rent shop on the ground floor of suit premises bearing No.464/2 (old) and 422/8 within the municipal limits of Kaithal, District Kaithal, Haryana (hereinafter referred to as the "Ground Floor Premises") from the appellants at a monthly rent of Rs.1700/- including House Tax.

    (b) An eviction petition being E.P.No.11/2 of 2008 was preferred by the appellants under Section 13 of the Haryana Urban (Control of Rent & Eviction Act, 1973 ("the Act" for short) seeking eviction of Rajesh Kumar on the ground that the Ground Floor premises were required for the personal need as specified in para 3(a) of the petition seeking eviction. Said para 3(a) was as under:

      "a) That the tenanted premises are required by the petitioners for their own use and occupation. The husband of the petitioner no.1 namely Sat P

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