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Surya Kant, J. This Revision Petition is preferred by the tenant against whom an ejectment order dated The facts may be noticed briefly. The respondentlandlord filed a petition under Section 13 of the Haryana Urban Control of Rent Philippjnes Act, in short the Act for eviction of the petitioner from shop No. The petitioner contested all the grounds, however, tendered the entire arrears of rent. As regard to the construction of wall mark CE in the verandah, the petitioner took the plea that he never raised the J J Philippines Case.

Similarly, the ''''''''bona fide personal necessity'''''''' of the respondent was also disputed on the ground that the shop known as Mangal Deep Emporium belongs to him as his father, being quite old and infirm, Caze incapable to run the business. Besides leading oral evidence consisting of his own statement PW1 J J Philippines Case of his brother Rakesh Kumar PW2the respondentlandlord also led documentary evidence, Ex. P1, P2 and Ex. The petitioner led oral evidence consisting of RW1 to RW4 as well as the documentary evidence comprising of Ex.

R1 to R7, Ex. On a consideration of the evidence referred to above, both the courts have concurrently held that since the entire arrears of rent were tendered by the petitioner in court, the first ground of eviction was no longer available to the respondent.

Regarding impairment of the value and utility of the shop by constructing the J J Philippines Case in verandah, the learned Rent Controller held that mere construction of the said wall or installation of rolling shutter has not affected the value and utility of the demised premises. Philippijes was further held that the respondentlandlord has no other premises for doing the business independently nor has he vacated any other such premises after coming into force of the East Punjab Urban Rent Restriction Act, While arriving at the aforesaid here, the learned Rent Controller observed that the respondent is a grown up person and the three ration cards Ex. P7, P11 and P12 read with Ex.]