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2008 Supreme(Raj) 850

TARUN CHATTERJEE, AFTAB ALAM
A. K. Jain – Appellant
Versus
Prem Kapoor – Respondent


Advocates Appeared:
Manoj Swarup, Rohit Sohgaura and Tejvir, S. Bhatia, Advocates, for Appellant; D.S. Chandha and Amita Gupta, Advocates, for Respondents

Honble ALAM, J.–Heard counsel for the parties.

(2). Leave granted.

(3). This appeal arises for an eviction proceeding instituted by the appellant, the landlord, in terms of Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973. The eviction of the respondent, the tenant, was sought on a number of grounds, of which only personal necessity now remains relevant, and we, accordingly, propose to take note of facts germane to that ground.

(4). The Rent Controller, Faridabad rejected the Eviction Petition (24 of 1998) filed by the appellant by order dated 26 August, 2004. The Appellate Authority, however, allowed the appellants appeal (Rent Appeal No.6 of 2004) and ordered the respondents eviction by judgment dated 28 March, 2005. The High Court in turn, set aside the appellate order and restored the judgment and order passed by the Rent Controller vide. the judgment and order dated 3 April, 2007 in Civil Revision No.2344 of 2005 (O & M), preferred by the respondent. The High Court allowed the respondents revision and dismissed the eviction petition filed by the appellant primarily on the ground that the appellant had failed to make the necessary averments in the Eviction Pe


































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