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2009 Supreme(Raj) 2212

R.S.CHAUHAN
Murari Lal – Appellant
Versus
Rent Tribunal – Respondent


Advocates:
For the Petitioner:Mr. Shailesh Prakash Sharma, Advocate.
For the Respondents:Mr. M.K. Jain, Advocate.

JUDGMENT

1. - The petitioner has challenged the order dated 26.08.2008 whereby the Rent Tribunal, Alwar has dismissed the petitioner's application for filing affidavits of three persons.

2. The brief facts of the case are that on 27.10.1983, the petitioner had bought a shop, the shop-in-dispute in this case, through a registered sale-deed from one Mr. Labh Chand. The said shop was rented out to one Mr. Phool Chand. Along with Mr. Phool Chand, Mr. Narendra Kumar, respondent No.2, also carried out the business in the said shop. Mr. Phool Chand expired on 09.02.2001; after his death, Mr. Narendra continuing to be the tenant in the shop. Since the petitioner himself was engaged in the business of manufacturing of copies, in the name and style of M/s. Goyal Copy Manufacturers, he required the said shop for running his business. Therefore, on 08.02.2004, the petitioner filed a suit for eviction under Section 9 and 15 of the Rent Control Act, 2001 on the ground of personal necessity. Mr. Narendra kumar filed a written statement and denied the relationship of landlord and tenant. On 15.07.2006, the learned Tribunal framed the issues. On 01.09.2006, the petitioner filed an application for se









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