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2006 Supreme(P&H) 3620

P.S.PATWALIA
Harpreet Singh – Appellant
Versus
Sudershan Berry – Respondent


Judgment

P.S.Patwalia, J.

1. The present revision petition has been filed by the tenant against the order of the appellate authority evicting him from the demised premises on the ground of bona fide personal necessity of the landlady. The petition filed by the landlady was dismissed by the Rent Controller. However, the appellate authority reversed the findings on bona fide personal necessity of the landlady in appeal.

2. The landlady had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking the eviction of the tenant from the Ground Floor of property bearing No. 11, situated at Lawrence Road, Amritsar. The petition was filed on account of non-payment of rent, diminishing the value and utility of the demised premises as also on bona fide personal necessity. On the ground of bona fide personal necessity it was the case of the landlady that she required the premises for her own use and occupation. She is living in the upper portion of the building. She has to travel 15 steps to reach the First Floor. She was suffering from heart disease and high blood pressure. She was examined by a doctor in the year 1985 who did an E.C.G. of her heart and state































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