LAWS(P&H)-2008-11-22

VIJAY KUMAR Vs. LATA SHARMA

Decided On November 26, 2008
VIJAY KUMAR Appellant
V/S
Lata Sharma Respondents

JUDGEMENT

(1.) THE present revision petition has been filed by Vijay Kumar tenant. One Babu Ram Sharma was owner and landlord of Booth No. 10, Sector 29-D, Chandigarh. According to the landlord, in the eviction petition filed, it was stated that monthly rent was Rs.400/- in respect of said booth. Babu Ram Sharma died on 4.7.1994 leaving his legal representatives, noticed in the opening sheet of the order of ejectment passed by learned Rent Controller, Chandigarh. It was pleaded by petitioner No. 2 Amir Chand that other co-owners agreed that they have no objection in case he commence his own business in order to settle his son Sanjeev Kumar in the demised premises.

(2.) WRITTEN statement was filed and it was stated that rent has been determined by various Courts earlier to be Rs. 320/- per month. It has been further stated that Babu Ram was not a landlord and ground of personal necessity is not made out.

(3.) IN evidence, Amir Chand himself appeared as PW.1, his son Sanjeev Kumar was examined as PW.2, Sanjeevan Sharma as PW.3 and Vajinder Sharma as PW.4. Thereafter, Amir Chand closed his evidence.