RAJ KUMAR VIJ Vs. HEM RAJ SINGLA

JUDGEMENT

(1.) C .M. No. 3412-CII of 2007 For the reasons stated in the application, the order dated 14.2.2007 is recalled and the case is restored to its original number. C.M. stands allowed. C.R. No. 6748 of 2001 The present revision petition has been filed against the order of eviction passed by the learned Rent Controller and affirmed by the learned appellate authority.

(2.) THE landlord respondent had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for eviction of the petitioner from the premises situated at Sirhind Mandi, Tehsil and District Fatehgarh Sahib. The case set up by the respondent- landlord was that petitioner was tenant in a portion of the house on a monthly rent of Rs. 100/- (Rs. one hundred only) and the tenant was in arrears of rent. It was also claimed that the petitioner tenant had made material alterations in the tenanted premises. A ground of personal necessity was also taken. The application was contested and on the pleadings of the parties, the following issues were framed :-

(3.) IN this very judgment the Hon'ble Supreme Court has been pleased to lay down that ground for personal necessity must continue to exist till the final determination of the case. He has further placed reliance on the judgment of this Court in the case of Om Parkash Uppal of Sonepat v. Desh Raj of Sonepat, 1986(2) RCR(Rent) 320 : 1986 HRR 460, which is to the similar effect.