RISHI KUMAR MITTAL Vs. VIJAY KUMAR GUPTA

JUDGEMENT

(1.) EJECTMENT petition filed by the respondent herein against the present petitioner was accepted by the Court of learned Rent Controller vide order dated 6.2.2002 and ejectment was ordered on the ground that the shop in dispute remained closed for a period of more than four months and also it was required by the landlord for his bona fide necessity. The appeal filed by the present petitioner was dismissed by the learned Lower Appellate Court vide order dated 15.3.2005. Hence this Revision Petition.

(2.) SUBMITS that the learned Courts below have failed to notice that electricity was being consumed in the shop in dispute. If the shop had remained closed then the electricity could not have been consumed.

(3.) FURTHER submits that the neighbours have also deposed that the shop was never closed always. It was closed only when the petitioner was going for business purposes as he is working as a Surveyor. Further submits that even the findings of legal necessity have been wrongly recorded by the Courts below as the petitioner owns many more shops in Bhatinda town and he does not require the shop in dispute for his personal necessity. Hence, it was prayed that the impugned orders be set aside.