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2016 Supreme(P&H) 3459

AUGUSTINE GEORGE MASIH
Subhash Chand – Appellant
Versus
Jagdish Rai – Respondent


Advocates:
For the Petitioner:Mr. Anurag Gupta, Advocate.

JUDGMENT

Mr. Augustine George Masih, J.: (Oral) - Petitioner has approached this Court challenging the order dated 17.08.2016 (Annexure P-1) passed by the Rent Controller, Kaithal, whereby, the second ejectment petition preferred by the petitioner-landlord, under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, has been adjourned sine die on the ground that the earlier petition which has been preferred by the petitioner for eviction of the respondent is a subject matter of the rent revision petition pending before the Hon’ble High Court. Another ground for doing so is an undisputed fact that now the eviction is being sought on the ground of the personal necessity of the petitioner-landlord and his son, whereas, in the earlier petition, the plea taken for eviction was the personal necessity of his son only but it is an undisputed position that the family of the petitioner as also his son is joint and being a Hindu Undivided Family, each member of the family has same interest in the petition and keeping that in view, the order dated 17.08.2016 has been passed by the Rent Controller adjourning the second eviction petition sine die.

2. It is the contention of th




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