High Court of Punjab and Haryana, Chandigarh
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Nazar Salmani v. Swarnjit Kaur - CR-1040-2006  RD-P&H 778 (15 February 2006)
CIVIL REVISION NO. 1040 of 2006 (O&M)
DATE OF DECISION: February 23, 2006.
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Rahul Sharma,
Advocate, for the petitioner.
Respondent landlady filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the petitioner tenant from the demised premises (shop) on various grounds including her personal necessity to construct a Nursing Home with a view to to settle her son and daughter, who are Doctors. Application was allowed and ejectment was ordered for the reasons as mentioned above.
Appellant failed in appeal. It is not in dispute and rather admitted that son of the respondent is a Doctor and at the relevant time, he was not employed anywhere. Merely because, when appearing in the witness- box, son of the landlady has said that he intended to pursue his post- graduation studies, is no ground to say that the need to open Nursing Home ceased to exist. Even by now , if post-graduation studies were taken up by son of the landlady, the same may be complete. It is also not in dispute that daughter of the landlady is a Doctor, residing with her husband and is not employed anywhere. Under these circumstances, it can safely be presumed that the landlady has a personal necessity, to open a clinic, to settle her son. No case is made out for interference in pure findings of fact. Dismissed.
February 23, 2006. ( Jasbir Singh )
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