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1978 Supreme(P&H) 10

S.P.GOYAL
Jagat Ram – Appellant
Versus
Mathra Dass – Respondent


Judgment

S.P.Goyal, J.

1. This petition under Section 15 of the East Punjab Urban Rent Restriction Act (hereinafter called the Act) is directed against the order of the learned Appellate Authority dated December 6, 1974, reversing the order of the Rent Controller.

2. Jagat Ram landlord, filed a petition under Section 13 of the Act for ejectment of the respondents from the house in dispute on a number of grounds including the one of personal necessity which only survives for the purposes of this petition. The case set up by him was that he had shifted to village Lakhowali, district Ganganagar, Rajasthan, where he had set up at Karyana shop 3.1/2 years back ; that he wanted to come back and settle at Malout Mandi where the house in dispute is situate as he was unable to fair well in the business at Lakhowali and also because there was no school beyond primary class for the education of his children in the said village. The claim of the petitioner was controverted by the respondent who pleaded that the landlord had no intention to settle at Malout Mandi and that the petition had been filed as he disagreed to increase the rent. The plea of the landlord found favour with the Rent Control


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