Civil Revision No. 5818 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 5818 of 2010 Date of Decision: 10.9.2010 Ram Chand …Petitioner Versus Smt. Shyam Lata …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Adish Gupta, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner/tenant has suffered eviction from the demised shop on the grounds, pleaded by the respondent/landlady, firstly that the tender of rent, made by him, was invalid and short, secondly that the demised premises was required by the landlady for her own use and occupation as she, being unemployed, intended to start her own business. Learned counsel for the petitioner has assailed the finding of non payment of rent on the ground that the provisional rent was not assessed and no opportunity was granted to the tenant to make any deficiency in the tender good. Furthermore, learned counsel has assailed the concurrent finding of personal necessity on the ground that the respondent/landlady is a homemaker. She had not spelt out the business which she intended to run as well as the resources therefor. It Civil Revision No. 5818 of 2010 2 is stated that even the landlady has no experience. The demised shop form part of the residence. Therefore, the landlady is well within her rights to venture her own business. She has also deposed to this effect while appearing as PW.1 and her deposition has been duly corroborated by PW.2 Achal Goyal. Both the Courts below found merit in the ground of personal necessity as pleaded by the respondent/landlady. It is not for the tenant to adjudge or assess the talent, capacity or capability of the landlady as to whether she will fail or succeed in the business. Thus, no interference is warranted in the present revision petition as the finding, recorded by both the Courts below, does not suffer from any infirmity. Hence, there is no merit in the present revision petition and the same is hereby dismissed, in limine. (Kanwaljit Singh Ahluwalia) Judge September 10, 2010 “DK”