HARBANS SINGH SAINI Vs. MEGH RAJ SHARMA

JUDGEMENT

(1.) This is an application for early hearing of the main case.

(2.) For the reasons recorded in the application, the same is allowed and the case is heard today itself.

(3.) This petition has been filed against the dismissal of an application under Order 12 Rule 6 of the CPC. As per the learned counsel the landlord-respondent has filed petition for eviction on twin grounds i.e. non-payment of rent and personal necessity. After evidence of the landlord was over the instant application was filed in which it was pleaded that in their testimony both the landlord and his son had admitted that they had received entire rent. It was further pleaded in the application that even as regard the personal necessity there was ample admission during the testimony that actually there was no personal necessity. In reply, the landlord had stated that as regard the issue of non-payment of rent he was ready to give up that ground, but he still maintained that he had led evidence which would justify the finding of personal necessity. It was in those circumstances that application was dismissed.