LAWS(P&H)-2010-3-97

STATE OF PUNJAB Vs. RAJINDER JAIN

Decided On March 26, 2010
STATE OF PUNJAB Appellant
V/S
RAJINDER JAIN Respondents

JUDGEMENT

(1.) The petitioners (State of Punjab and Director, Food and Supplies Department, Punjab) are in revision against the concurrent finding recorded by both the Courts i.e. learned Rent Controller and also the learned Appellate Authority upholding the plea raised by the respondents-landlords that they require the tenanted premises for their own use and occupation.

(2.) A conjunctive reading of both the judgments under challenge would indicate that the following pleadings/evidence related facts can safely be culled out therefrom. The averments made by the respondents-landlords in the first instance.

(3.) Mst. Om Wati Jain wife of Nand Lal Jain (mother of respondent-landlord Ravinder Jain and mother-in-law of respondent No. 2 Ravi Jain) is owner (to the extent of 25% share) of SCO No. 4-5, Sector 17, Chandigarh). She had acquired the title thereto vide registered sale deed dated 28.2.2003. Her other sons are owners of that SCO to the extent of balance of 75% share which they had acquired, vide registered sale deed dated 1.10.2003. Prior to the purchase of SCO aforementioned by them, petitioner No. 2 was in possession of tenanted portion thereof, as a tenant under their vendors. The rent, agreed to be payable at that point of time, was at the rate of Rs. 6174/-, excluding water and electricity charges. The tenanted premises had been let out by the predecessor-in-interest of the respondents-landlords, for use thereof as an office. The tenanted premises, housed the office of Additional Director-cum- Controller of Food Accounts, Chandigarh.