UNION OF INDIA AND ORS Vs. HARJINDER KAUR

JUDGEMENT

(1.) Union of India has filed the instant revision petition challenging the impugned order dated 08.01.2010 passed by the Rent Controller, Chandigarh, whereby its eviction has been ordered from the demised premises for non-compliance of the order of provisional assessment and has further challenged order dated 14.06.2011 of the Appellate Authority, Chandigarh, dismissing the appeal against the aforesaid orders of eviction.

(2.) Shorn of unnecessary details, it is suffice to say that the respondent-landlord filed an eviction application against the petitioners for non-payment of rent and also on the ground of personal necessity. Upon notice, the petitioner-Union of India raised preliminary objections stating that the respondent-landlord has no locus standi to file the ejectment petition as she is neither owner nor landlady of the demised premises. However, it was further averred that the demised premises were hired in the year 1972 through one Bishan Singh, special power of attorney holder of Smt. Harjinder Kaur-respondent. The said special power of attorney also executed a lease deed in the year 1989 which was extended till September 1994 but during this period, the said special power of attorney died on 20.08.1991. Thereafter, the son of the special power of attorney had been pressing for the payment of the rent. No one visited the office of the petitioner for clarification of certain doubts about the authenticity of the documents submitted by them. On merits, it was pleaded that respondent was not landlady of the demised premises. Other pleas were denied. It was specifically denied that the petitioners were making irregular payment of rent. Finally, prayer for dismissal of the petition was sought. The Rent Controller, Chandigarh, assessed the provisional rent vide order dated 14.11.2009, which reads thus:

(3.) Thereafter, none appeared on behalf of the petitioners nor the rent was tendered. Petitioners were proceeded against ex parte vide order dated 08.01.2010 and their eviction was ordered by passing the following order: