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2006 Supreme(P&H) 4029

VINOD K.SHARMA
Rajinder Kumar – Appellant
Versus
Niranjan Lal – Respondent


Judgment

VINOD K. SHARMA, J.

1. The present revision petition has been filed against the orders passed by the learned Rent Controller, Gurgaon and confirmed by the appellate authority dismissing the ejectment petition filed by the petitioner.

2. The petitioner has sought the eviction of the respondent-tenant from a room being used as a shop on the ground of personal necessity as well as for non-payment of rent. The rent was tendered on the first date of hearing and the case was contested qua the ground of personal necessity.

3. Before the learned Rent Controller the counsel for the respondent admitted the personal necessity of the petitioner to occupy the premises in dispute but he claimed that as the tenanted premises was a non residential building the same cannot be got evicted on the ground of personal necessity. It was also claimed that the tenanted premises was built in the year 1967 with an intent and purpose to let it out as shop and it was never used as an integral part of the whole building as reflected in the site plans Ex. A2 and Ex. A3. The Court has held it to be an independent unit by holding that no ejectment could be ordered for non-residential building, accordingly






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