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2006 Supreme(P&H) 472

HEMANT GUPTA
Sadhu Ram Verma – Appellant
Versus
Pawan Kumar – Respondent


Judgment

Hemant Gupta, J.

1. The challenge in the present revision petition is to the orders passed by the authorities under the East Punjab Urban Rent Restriction, Act, 1949, whereby the ejectment sought by the petitioner from the shop on the ground of bona fide personal requirement, was declined.

2. It is the pleaded case of the petitioner that he has raised construction over plot No. 119 Anaj Mandi, Kurali, after taking loan from the Government. He has let out the room in question to the respondent about 22 years back at monthly rent of Rs. 200/-. He has sought the ejectment of the tenant on the ground that he intends to start his own business therein to augment his income and to live a peaceful life. It has been also pleaded by the petitioner that earlier he filed an ejectment petition against the respondent alleging the premises in dispute as residential building. However, the learned Rent Controller found that the tenanted building is a shop. Even the appeal has been dismissed, therefore, the petitioner sought the eviction of the tenant from the shop in dispute on the ground of bonafide personal requirement. The tenant in the written statement denied the bonafide personal requ





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