RAKESH KUMAR JAIN, J.
This order shall dispose of two petitions bearing CR No. 3092 of 2014 and CR No. 4633 of 2014 as both are inter-connected.
In both the petitions, the tenants are aggrieved against the order of the Appellate Authority by which order of the Rent Controller has been reversed and eviction has been ordered on the ground of personal necessity of the respondent-landlord.
Counsels for the petitioner(s) have argued that the Appellate Authority has erred in passing the order of eviction without touching the point on which the Rent Controller has dismissed the eviction petition filed by the respondent-landlord and has relied upon a judgment of the Supreme Court in the case of K.N Anantharaja Gupta v. D.V Usha Vijaykumar (Smt), 2007 (2) R.C.R (Rent) 681.
On the other hand, counsel for the respondent-landlord has submitted that the landlord has filed the eviction petition not only against the petitioner(s) but also against the other similarly situated tenants who are all occupying the old barrack house. It is submitted that personal necessity of the respondent-landlord has already been established in respect of all the barrack houses, which is admittedly the demised premises in the present case, and has referred to a decision of this Court in the case of Ram Chander v. Shri Jainendra Gurukul, CR No. 661 of 2014, decided on 29.10.2014
I have heard learned counsel for the parties and perused the available record with their able assistance.
There is no dispute that the demised premises involved in both these cases is the same old barrack house situated on the premises of the landlord regarding which it had already preferred other petitions for eviction on the ground of personal necessity and has been successful upto this Court. In this regard, reference could be had to the decision of this Court in Ram Chander's case (supra) in which the Court had found personal necessity of the respondent-landlord to be genuine while passing the order of eviction.
I would also rely upon the judgment of this Court in Ram Chander's case (supra) and the judgment relied upon by the petitioner(s) in K.N Ananthraja Gupta's case (supra) is not applicable to the facts and circumstances of the present case.
Accordingly, both the petitions are found to be without any merit and hence, the same are hereby dismissed.