DURGA SEED FARM Vs. RAJ KUMARI CHADHA

JUDGEMENT

(1.) We have heard Mr. M.L. Verma, learned senior counsel for the appellant and Mr. R.F. Nariman, learned senior counsel for the respondent. From the terms of the allotment of the property in favour of the respondent by Chandigarh Administratrion, it is clear that the allotment under a lease was as a Show-Room. In seeking to evict the appellant from the premises the respondent alleges as under:

(2.) On this premise, if the matter is proceeded with, it is clear that the allottee (respondent) will be exposed to the peril of resumption by the Chandigarh Administration by reason of clauses 16 and 17 of the terms of allotment. Those clauses are extracted below:

(3.) Once we approach the matter this way, we do not think we need to get bogged down to the findings in judgments of the Courts below whether the appellant tenant had caused such acts as likely to impair material, value or utility of the building or rental land.