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2016 Supreme(P&H) 2871

AJAY TEWARI
JANTA TRANSPORT – Appellant
Versus
AMARJEET SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Arun Jain, Sr. Advocate and Abhishek Dhull, Advocate

JUDGMENT :

AJAY TEWARI, J.

1. This revision has been filed against concurrent judgments of the Courts below ordering eviction of the petitioner from the premises in dispute.

2. The respondent had filed a petition for eviction on the ground that he required the demises premises to settle his 21 year old son who wanted to open a Gym in the premises. This contention having been accepted by both the Courts the petitioner-tenant is before this Court.

3. Learned senior counsel has raised two arguments. His first argument is that the landlord-respondent did not disclose that he possessed numerous other properties and this is fatal to his claim. A perusal of the judgments of the Courts below reveal that the Courts have taken into consideration the fact that the properties were originally owned by the father of the landlord and he had nine other brothers and sisters and, therefore, the authorities held that even though some of them may be lying vacant it could not be said that they were in the possession of the landlord. Learned senior counsel has argued that it is well settled that the possession of one co-sharer is the possession of all the co-sharers and, therefore, it was incumbent upon the










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