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1990 Supreme(P&H) 546

S.S.SODHI
Biran – Appellant
Versus
Gurmukh Singh – Respondent


Judgment

, J.

1. This is a tenants revision petition seeking to challenge the impugned order of the Appellate Authority, direction her ejectment from the demised premises on the ground that they were bona fide required by the landlord for his personal occupation.

2. A reference to the record shows that earlier on September 18, 1934. the landlord had filed a petition for ejectment against the present petitioner on the same ground, namely, personal necessity This petition was dismissed in default on June, 4, 1985. It was thereafter that he filed the present petition for ejectment on March 4, 195-6. Admittedly, the cause of action of this second application is tie same as in the earlier application and further the learned counsel for the respondent landlord was constrained to accept the fact that no charge in circumstances has been pleaded in the present application from that in the earlier one. This being so, the present application is clearly barred under the principles laid down in Order 9 Rule 9 of the Code of Civil Procedure. Reference in this behalf may be made to the judgment of the division Bench of oar Court in Mehtab Singh V/s. Tilak Raj Arora, A. I. R.1989 Punj.12, (1988-1)

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