Civil Revision No.7740 of 2009 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7740 of 2009 Date of decision : 6 .1.2010 M/s Ambala Tyre & Anr. .....Petitioner Versus Sh.Krishan Kumar ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Vikas Sharma, Advocate for the petitioner. S. D. ANAND, J. It is apparent from the impugned order itself that ejectment proceedings are pending between the parties and the respondent-landlord has applied for ejectment of the petitioners herein on plea of personal necessity. The averment in the context is that he has retired from service and he wants to start his own business in the premise in dispute. The petitioners herein (tenants before the learned Rent Controller) filed a plea for being allowed to amend the reply and to thereby aver that the respondent and his son had sold certain residential property located in the vicinity of the premises under reference to one Jaswinder Kaur of Khanna. The petitioners thereby announced to the Court that the sale of that property was indicative of the fact that respondent is not interested in personal occupation but only interested in selling off the property owned by him. The plea was declined by the learned Rent Controller by observing that ejectment was being sought on the exclusive ground of personal necessity for the purpose of commercial character and the sale of Civil Revision No.7740 of 2009 -2- *** a residential plot would not have any relevancy to the adjudication of the controversy in the proceedings pending before it. The learned counsel for the petitioner is not in a position to dispute that respondent had sold off above indicated property which (property) was residential in character. The learned counsel has not been able to persuade this Court to find any force in the plea that the sale of residential property can have any relevance to or effect upon the pending consideration about the eviction of the petitioner herein on a plea of personal necessity for running of a business therein. The petition accordingly shall stand dismissed in limine. January 6, 2010 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter : Yes/No