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1998 Supreme(P&H) 1404

R.S.MONGIA, S.S.SUDHALKAR
State Of Haryana Through Chief Secretary Civil Sectt. – Appellant
Versus
Ved Parkash Gupta – Respondent


Judgment

S.S.Sudhalkar, J.

1. Both the Letters Patent Appeals No. 494 of 1997 and 544 of 1997 arise from the same judgment and have been filed by respondents No. 1 and 2, respectively in C.W.P. No. 4161 of 1996 reported as (1997-2)116 P.L.R. 775. These are being disposed of by this common judgment. Respondent Ved Parkash Gupta filed the aforesaid writ petition against the appellants in these two Letters Patent Appeals claiming that the classification between non-residential and residential buildings created by Section 13(3)(a) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 1973 Act) confining ejectment on the ground of personal necessity only to residential buildings is illegal and unconstitutional. Respondent Ved Parkash Gupta is the owner of a shop situated in the main bazar of Shahbad Markanda, Distt. Kurukshetra. He has averred in the writ petition that he bona fide requires the said shop for his personal use because after taking retirement from Military Engineering Service, which is a part of the defence force, as Assistant Engineer, he intends to carry on his vocation in the demised premises. The petitioner has further averred tha





























































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