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2016 Supreme(P&H) 2870

AUGUSTINE GEORGE MASIH
Ram Pal Saini – Appellant
Versus
Surinder Singh – Respondent


Advocates Appeared:
For the Appellant : Satpreet Grewal Kapila
For the Respondent: K.S. Cheema

JUDGMENT :

Augustine George Masih, J.

C.M. No. 2582 CII of 2011

C.M. is allowed.

1. Exemption is granted from filing the certified copy of judgment and decree of the Rent Controller, Hoshiarpur.

Civil Revision No. 654 of 2011

Challenge in this revision petition is to the order dated 01.10.2009 passed by the Rent Controller, Hoshiarpur. whereby the petition for ejectment under Section 13 of the East Punjab Urban Rent Restrict Act, 1949 stands dismissed, appeal against which has also been dismissed by the Appellate Authority, Hoshiarpur on 21.10.2010.

It is the contention of learned counsel for the appellant that eviction of the respondent-tenant was sought on the ground of personal necessity to run a business of readymade garments in the demised premises (shop) as he was on the verge of his retirement from his private job. She contends that the bona fide necessity of the landlord can be gazed from the fact that after his retirement, he wanted to keep himself busy and also to earn his livelihood out of the proceeds by running the said business and, therefore bona fide need of the petitioner is apparent. She further contends that it has been truly and correctly disclosed that the petitioner






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