BHUSHAN LAL BARDWAJ Vs. GULLAN DEVI

JUDGEMENT

(1.) THIS petition filed under Sub-section (6) of Section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, challenges judgment dated 7.12.2002 passed by the learned Appellate Authority, Panchkula, dismissing the appeal of the tenant-petitioner upholding the findings of fact recorded by the Rent Controller. Both the Courts have concurrently found that the bona fide personal necessity of the family of the landlord-respondent has been fully established on record in respect of the non-residential building. It has further been held by both the Courts below that the death of landlord- respondent during the pendency of the litigation would not put an end to the ground of personal necessity raised by him because the demised premises situated at Kalka is required for running a clinic by his son and for the residential need of his grand children. The findings recorded by the Rent Controller, which have been affirmed by the Appellate Authority on the question of personal necessity, the sole ground which has survived for consideration, reads as under :-

(2.) I have heard Mr. Gurcharan Dass, learned counsel for the tenant- petitioner, who has argued that the grounds set-up by the landlord-respondent that his son Dr. Urvi Dutt Sharma need the demised premises for setting up his practice by shifting from Village Mallah in Himachal Pradesh to Kalka, which is one of the busy towns of Haryana is false because he is not entitled to establish his practice in Haryana being an Ayurvedic and Unani medical practitioner. However, he has failed to point out any rule/regulation or a statute imposing such a prohibition on the son of the landlord Bala Ram, Dr. Urvi Dutt Sharma to practice in Haryana.

(3.) THE argument that Dr. Urvi Dutt Sharma, who is holding a degree in Ayurvedic and Unani medicines would not be entitled to practice in Haryana where the demised premises is situated is also liable to be rejected because in the Schedule I of the Punjab Ayurvedic and Unani Practitioners Act, 1963, everyone who is holding a degree or diploma of Ayurvedic or Unani College recognised by the faulty (faculty ?) within Punjab or outside is entitled to be registered under Section 15 of the Act. It has further been provided that if anyone has acquired a degree in the Ayurvedic system or Unani system of medicine from any university established by law in India, such a person is entitled to be registered and practice in the State of Punjab and Haryana. The provisions of Section 15 along with the schedule are reproduced below for facility of reference :-