LAWS(P&H)-2013-5-232

REKHA RANI Vs. RAJ KUMAR JINDAL

Decided On May 09, 2013
REKHA RANI AND OTHERS Appellant
V/S
RAJ KUMAR JINDAL, AND ANOTHER Respondents

JUDGEMENT

(1.) The revision petition is at the instance of the tenants challenging the order of eviction passed by the Rent Controller as affirmed by the appellate authority. The case of the landlord has been upheld on his plea of personal necessity for establishing his own surgical clinic, he being a retired Assistant Professor in Medical Institute at Patiala. The contention is that the property is situate in his native village near the place of his residence and that he wants to set up a surgical unit at the demised property. He would aver in the petition that he was not possessed of any other non-residential building in the same notified municipal area nor had he vacated any other property.

(2.) The learned counsel for the revision petitioners states that the landlord is a big landowner owning several properties and the landlord has been guilty of suppression of several items of properties of which he was the owner along with his father as a member of a joint family. The learned counsel refers me to a position of other properties by a graphic sketch setting out the location of various properties. From the sketch, it is revealed that he has a plot in about 2,000 square feet of land on the hospital road towards Bhiwanigarh road. Yet another property is a land measuring 38 biswas where cauliflower is grown. Yet another property is a cold storage about which the learned counsel places reference to the cross-examination of the petitioner where it was elicited, "outside bouran gate cold storage, there is 2/3 bighas land adjoining the same in 1980-81. Some plots were sold out of the same in cold storage.

(3.) I do not find that any case is made out for subjecting the concurrent decisions of the Courts below for an intervention in the revision petition.