High Court Punjab-Haryana High Court

Jitender Kumar Agarwal vs Bagga Surgical Industries on 12 December, 2008

Punjab-Haryana High Court
Jitender Kumar Agarwal vs Bagga Surgical Industries on 12 December, 2008
Civil Revision No. 4568 of 2001                                      1




      In the High Court of Punjab and Haryana, at Chandigarh.


                  Civil Revision No. 4568 of 2001

                    Date of Decision: 12.12.2008


Jitender Kumar Agarwal
                                                             ...Petitioner
                                Versus
Bagga Surgical Industries
                                                          ... Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Amit Jain, Advocate
         for the petitioner.

         None for the respondent.


Kanwaljit Singh Ahluwalia, J. (Oral)

Learned counsel for the petitioner stats that learned Appellate

Authority held that ground of personal necessity is not available in

Haryana qua the commercial property. Learned counsel for the petitioner

states that this is a contrary to a Division Bench judgment of this Court

rendered in State of Haryana v. Ved Parkash Gupta and Another

(Letter Patent Appeal No. 494 of 1997) 1999 Haryana Rent Reporter

96.

Therefore, order passed by learned Appellate Authority is set

aside. Matter is remanded back to learned Appellate Authority to decide

the matter afresh within three months after the receipt of copy of the

order. Nobody is present on behalf of the tenant. Therefore, the
Civil Revision No. 4568 of 2001 2

Appellate Authority shall issue notice for appearance to the tenant.

Landlord shall appear before the Appellate Authority on 7.1.2009. Three

months period shall commence after the appearance of the tenant before

the Appellate Authority.

The present revision petition is disposed off.

(Kanwaljit Singh Ahluwalia)
Judge
December 12, 2008
“DK”