1. Respondent had sought ejectment of the petitioner on the ground of personal necessity. The said petition was allowed by the Rent Controller vide order dated 21.09.2010. The order passed by the Rent Controller was upheld by the appellate authority vide order dated 10.05.2012. Hence, the present petition by the tenant. Learned counsel for the petitioner has submitted that on an earlier occasion, ejectment petition was filed by the landlord against the petitioner on the ground of personal necessity and the same was dismissed under Order 17 Rule 13 of the Code of Civil Procedure, 1908 (in short 'CPC'). Hence, the second petition seeking ejectment of the petitioner on the ground of personal necessity was liable to be dismissed.

2. Learned counsel for the respondent has submitted that earlier ejectment petition was dismissed under Order 17 Rule 3 CPC which was filed by M.L. Goyal and his wife Saraswati Devi for expansion of their business. However, now the property in question had come to the share of the petitioners in a family settlement. Due to this reason, the second ejectment petition was maintainable. The premises in question was required by the landlord for his persona