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2018 Supreme(P&H) 3860

ANIL KSHETARPAL
Arun Kumar – Appellant
Versus
Des Raj Tandon – Respondent


Advocates Appeared:
Bhanu Pratap Singh, Advocate, for the Petitioner; Manjul Sud, Advocate, for the Respondent

JUDGMENT

ORDER

Anil Kshetarpal, J. (Oral) - The tenant-petitioner is in the revision petition against the orders passed by the learned Rent Controller, affirmed in appeal by the Appellate Authority.

2. The respondent-landlord filed a petition claiming bona fide necessity of the premises for her unmarried sister who was 38 years old at the time of filing of the rent petition. It was pleaded that she wishes to open a boutique of garments in the aforesaid tenanted premises. The landlord while filing the petition had pleaded as under:-

    "11. That the applicant has never got vacated any shop within the Municipal area of Municipal Council Hoshiarpur for personal use and occupation of his sister Savita Tandan nor the applicant and his sister has never got vacated any shop within the municipal area of Hoshiarpur. The applicant does not own the possess any other commercial building in the urban area of Hoshiarpur city."

    3. The tenant contested the petition and pleaded that there is another shop in possession of the landlord near his house. It was further pleaded that previously sister was working as a Teacher and, therefore, she is not unemployed.

    4. Both the Courts after examining the eviden

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