High CourtsSingle Bench(2013) 09 P&H CK 0259

Inderjit and Others vs Ram Gopal

Punjab And Haryana At Chandigarh · Decided on 9 September 2013

HON’BLE JUDGES
Jaswant Singh, J
RESULT
Dismissed
CASE NUMBER
CR 5194 of 2013 (O and M)

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Judgment

4 paragraphs · 249 words

Jaswant Singh, J.—Since there is delay of 337 days in filing the present revision petition, application bearing CM No. 17879-CII/2013 has been filed seeking condonation of said delay. The application is accompanied by affidavit of petitioner no.1. The tenants are in revision against the concurrent findings recorded by both the Authorities below whereby they have been ordered to be evicted from the demised premises comprising a shop being part of property bearing MC No. 270, Post Office Road, Opposite ICICI Bank, Nakodar, vide judgement dated 3.3.2010 and the findings thereof duly affirmed by the learned Appellate Authority, Jalandhar vide judgement dated 9.6.2012 while dismissing appeal of the tenants.

2.

Counsel for the tenants heard at length.

3.

It is apparent that the landlords had sought eviction of two adjacent shops including the present shop for the purpose of demolishing both the shops and widening the passage leading upto the house as also reconstruct a shop of bigger size for relocating their flourishing business to the present shop.

4.

Both the courts below, as a matter of fact concurrently held personal necessity of the landlord, on the basis of material placed on record, as bona fide. Still further, the tenant has also admitted that passage adjacent to the shop leading to the house is narrow. In view of the concurrent findings, no ground for interference in the present revision petition is made out. Accordingly, the present revision petition is dismissed on merits as well as on the point of limitation.