Revision petition against eviction order where tenant claimed possession of own residential building was dismissed summarily due to lack of factual merit.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.1998 of 2011 (O&M) Date of decision:22.03.2011.
Shri Manjit Singh
...Petitioner
Versus
Raghbir Singh ...Respondent
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. U.K.Agnihotri, Advocate, for the petitioner.
RAKESH KUMAR JAIN, J.
This revision petition is directed against order of the Courts below by which the petitioner/tenant has been directed to vacate the demised premisses on the ground that he has acquired possession of his own residential building.
The learned Appellate Authority observed that the demised premises as also the property purchased by the petitioner/tenant are part of House No.1247, Hargolal Road, Ambala Cantt., which he had purchased to the extent of half share from one Kaka Singh. It is also observed that RW1 Varinder Kumar has admitted that the petitioner/tenant is residing on the first floor and merely because he is doing some commercial activity in the portion purchased by him, it will not change its dominant character of the residential building. In this background, the learned Appellate Authority upheld the order of the learned Rent Controller and maintained the order of eviction.
Learned counsel for the petitioner although raised the same issue again before this Court but he has miserably failed to cause any dent in the finding of fact recorded by the Courts below.
In view of the above, I do not find any merit in the present revision petition and as such, the same is hereby dismissed in limine, however, without any order as to costs.
March 22, 2011 vinod*
(RAKESH KUMAR JAIN) JUDGE
Manjit Singh
Raghbir Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
