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2008 Supreme(P&H) 862

RAJIVE BHALLA
Ram Nath – Appellant
Versus
Des Raj – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rakesh Nehra, Advocate.
For the Respondents:Mr. M.L. Sarin, Senior Advocate with Mr. Kabir Sarin, Advocate.

JUDGMENT

Rajive Bhalla, J. - Challenge in this revision petition is to an order, dated 16.3.2007, passed by the learned Appellate Authority, Ambala accepting the appeal, filed by respondent No. 1, and setting aside the order, dated 15.10.2004, passed by the learned Rent Controller.

2. Respondent No. 1-landlord filed a petition under section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short herein after referred to as "the Act") praying for the ejectment of the petitioner and respondents No. 2 to 4 from shop No. 701, situated in Ward No. 11, New Grain Market, Naraingarh, District Ambala on the grounds of his bona fide personal necessity and for non-payment of rent.

3. On the basis of the pleadings, the learned Rent Controller framed the following issues :

"1. Whether the respondent is liable to ejectment from the shop in question on the ground that non-payment of rent, personal necessity etc ? OPP

2. Whether the petition is not maintainable in the present form ? OPR

3. Relief."

4. Upon a consideration of the evidence, produced by parties, the learned Rent Controller rejected the plea of personal necessity and dismissed the ejectment petition.

5. Aggrieved by














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