RAJ DULARI AND ORS. Vs. JAWAHAR

JUDGEMENT

(1.) THE Legal Representatives of tenant Ram Karan are before this Court against the order of the Appellate Authority whereby his eviction has been ordered from the premises in dispute on account of personal necessity.

(2.) THE shop in question was rented out to Shri Ram Karan Dass on June 1, 1979, after his death, he is now represented by his Legal Representatives. The eviction was sought by the respondent/landlord on the ground of personal necessity to start the business of general merchandise and kiryana in retail and wholesale. It was stated by the landlord that he has sufficient experience to carry on business of general merchandise and kiryana and wanted to start the same in the demised premises as the same is most suited premises for the purpose, which is situated at Railway Road, Narwana. He further submitted that he has only two shops on Railway Road and both are rented. The eviction petition was contested by petitioner/tenant on the ground that landlord is 70 years of age. The need is not bonafide. Further it was submitted that he owns a number of shops and many of those are on rent with various tenants.

(3.) FURTHER it needs to be noticed that during the pendency of appeal tenant Ram Karan had expired and now he was represented by his Legal Representatives.