CR No.2096 of 2011 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2096 of 2011 (O&M) Date of decision:31.03.2011. Mohinder Pal ...Petitioner Versus Ram Piari ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Tajender K. Joshi, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. The tenant is in revision against the orders of the Courts below by which he has been ordered to vacate the demised premises, inter alia, on the grounds of non-payment of rent and personal necessity of the landlady. Learned counsel for the petitioner has submitted that the learned Courts below have committed an error in passing the order of eviction on the ground of arrears of rent because after the tender of provisional rent within the stipulated time, the learned Rent Controller is obliged to give time to the tenant to make up the deficiency, if any. It is submitted that insofar as the house is concerned, they are ready to vacate it keeping in view the necessity of the landlady, but as far as the shop is concerned, no case of personal necessity had been made out and on that count, the impugned orders are illegal. I have heard learned counsel for the petitioner and perused the available record. Even if the ground of non-payment of rent is ignored or it is presumed to be in favour of the petitioner, yet the landlady succeeds on the CR No.2096 of 2011 (O&M) -2- ***** other ground of personal necessity with regard to the demised shop because the landlady has proved the requirement of the shop as well, since they wanted to shift from their village to Pinjore for the purpose of their livelihood which includes not only the residential house but also the shop where they wanted to start their own business. In view of the concurrent finding of fact recorded by the Courts below on the issue of personal necessity, I do not find any merit in the present revision petition for the purpose of interference by this Court and as such, the same is hereby dismissed in limine, however, without any order as to costs. March 31, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE