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2011 Supreme(P&H) 1249

RAKESH KUMAR JAIN
Gurbaj Singh – Appellant
Versus
Parshotam Singh – Respondent


Advocates appeared:
Mr. A.K. Khunger, Advocate, for the petitioner.
Mr. B.R. Mahajan, Advocate, for the respondents.

JUDGMENT

RAKESH KUMAR JAIN, J.

The following questions of law are involved in this revision petition:-

1. Whether a landlord can seek eviction of a tenant from a non-residential premises on the ground of bona fide necessity of his son and whether son's requirement is also covered by the word used “his own occupation”?

2. Whether son of the landlord, for whose benefit the nonresidential premises is sought to be got vacated, if not the landlord or the owner himself, is also required to plead the ingredients of Section 13(3)(a)(i) of the Act in the eviction petition?

3. Whether the landlord who though pleaded bona fide need of the non-residential premises for his son who has not pleaded that he does not possess another nonresidential premises in the urban area concerned or had not vacated such a building without sufficient cause after coming into force of the Act, but would it be sufficient if he had appeared and deposed on oath that he does not possess another non-residential building in the urban area concerned nor had vacated such a building without sufficient cause in the same urban area after coming into force of the Act?

4. Whether the tenant can raise the question of noncomplia



































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