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2004 Supreme(P&H) 1335

M.M.KUMAR
Sarjivan Kumar – Appellant
Versus
Raj Rani – Respondent


Judgment

M.M.Kumar, J.

1. This is tenants petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 challenging concurrent findings of facts recorded by both the Courts below holding that the land-lady respondent who has retired from the Education Department on 31.5.1999 require two shops under the tenant-petitioner for her personal use and occupation. No evidence has been brought on record showing that the landlady-respondent is having any other building in her possession in the urban area concerned. It has also been concurrently found that there are two shops between the street in the site plan Ex.P1 and on the remaining portion of the building the landlady respondent is residing with her family. She has filed two ejectment applications inter-alia on the ground of bona-fide personal necessity asserting that she wanted to open a departmental store in both the shops by removing the intervening wall. It has been further found that husband of the landlady-respondent who is without any work would also support her in the business. She has been found to be healthy enough to run the departmental store and her necessity has been found to be bona-fide. The openi







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