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2022 Supreme(P&H) 2013

ANIL KSHETARPAL
Kishore Kumar – Appellant
Versus
Rajinder Prashad – Respondent


Advocates appeared:
Mr. Divanshu Jain, Advocate, for the Appellant; Mr. Ankur Bali, Advocate, for the Respondent

JUDGMENT

Anil Kshetarpal, J. (Oral) - The petitioner herein, is a tenant, in the premises owned by the respondent. He has been ordered to be ejected by the Rent Controller. The Appellate Authority has dismissed the petitioner's appeal assailing the correctness of the order. The eviction has been ordered on the ground of the bonafide personal necessity of the respondent.

2. This Bench has heard the learned counsels representing the parties at length and with their able assistance perused the paper book as well as the record which was requisitioned.

3. The landlord while filing the petition claims that he requires the house in question for his bonafide personal necessity as he along with his family wants to shift from Delhi to Ambala after his retirement on 30.10.2010, whereas the petition was filed on 24.12.2012. He states that he wants to shift to his native place in the evening i.e.the remaining part of his life.

4. The learned cousnel representing the petitioner submits that the previous petition filed by the respondent seeking ejectment of the petitioner was dismissed in default but the second petition has been filed without getting the previous petition restored. He further submits

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