LAWS(P&H)-2010-1-615

AMBALA TYRE & ANR Vs. KRISHAN KUMAR

Decided On January 06, 2010
Ambala Tyre And Anr Appellant
V/S
KRISHAN KUMAR Respondents

JUDGEMENT

(1.) It is apparent from the impugned order itself that ejectment proceedings are pending between the parties and the respondent-landlord has applied for ejectment of the petitioners herein on plea of personal necessity. The averment in the context is that he has retired from service and he wants to start his own business in the premise in dispute.

(2.) The petitioners herein (tenants before the learned Rent Controller) filed a plea for being allowed to amend the reply and to thereby aver that the respondent and his son had sold certain residential property located in the vicinity of the premises under reference to one Jaswinder Kaur of Khanna. The petitioners thereby announced to the Court that the sale of that property was indicative of the fact that respondent is not interested in personal occupation but only interested in selling off the property owned by him.

(3.) The plea was declined by the learned Rent Controller by observing that ejectment was being sought on the exclusive ground of personal necessity for the purpose of commercial character and the sale of a residential plot would not have any relevancy to the adjudication of the controversy in the proceedings pending before it.