USHA MEHRA
KUL PARKASH TEJPAL – Appellant
Versus
S. P. BHANDARI – Respondent
( 1 ) THIS revision has been preferred by the petitioner/landlord because learned Additional Rent Controller (in short ARC) granted leave to contest to the respondent/tenant. The learned ARC vide order dated 16th December, 1995 found that the respondent had raised triable issues challenging the bonafide requirements of the landlord.
( 2 ) AGGRIEVED by that order landlord preferred this petition, inter alia, on the grounds that having accommodation with the petitioner is not sufficient. His needs being bonafide the leave could not have been granted. Moreover, no legal or factual pleas were raised which could non-suit the petitioners.
( 3 ) RESPONDENT/tenant contested this petition by raising legal objection of the maintainability of this petition besides contesting the petition on merits. According to respondent, the order under challenge being an interlocutory order cannot be challenged by way of revision. On merits the contended that requirement of the petitioner being not bonafide as he has sufficient accommodation hence his petition was rightly dismissed.
( 4 ) BEFORE I deal with the case on merits, I would like to deal the legal objection raised by the respondent
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