INDER PAL DUA Vs. YASH GARG & CO.

JUDGEMENT

(1.) THIS Revision Petition has been directed against the order dated 22.11.2000 passed by the Court of H.S. Bhalla, Appellate Authority, Chandigarh in RA No. 3 of 9.3.1991 whereby the orders of the learned Rent Controller dated 28.2.1990 and 22.7.1997 have been set aside. After accepting the appeal, the parties have been directed to appear before the learned Rent Controller and the Eviction petition has been directed to be decided afresh on merits, in accordance with law.

(2.) INDER Pal Dua (hereinafter referred as "the landlord") who is the owner of H. No. 3053, Sector 28-D, gave the premises on rent to M/s Yash Paul Garg and Company Private Ltd. (hereinafter referred to as "the tenant") and executed a rent note/lease on 28.4.1978. The name of this Company has subsequently been changed to M/s Shubh Timb Steels Pvt. Ltd. One Shubh Karan Bansal is the Managing Director of this company. The tenant used the aforesaid premises as the residence of its Executive Director, Mr. R.K. Garg. The landlord filed a petition under Section 13 of the Rent Restriction Act for the ejectment of the tenant from the demised premises. It is averred that the tenant took on rent the ground floor of the house at the rate of Rs. 1600/- per month w.e.f. 1.5.1978 and the same was enhanced to Rs. 1800/- per month w.e.f. 1.5.1981 excluding electricity and water charges. The landlord has been residing at different places at he was an employee of Cement Corporation of India. It is further pleaded that he informed the tenant to vacate the demised premises as he intended to settle in Chandigarh after leaving his job. The landlord does not own any other house exclusively in his name. The tenant through its Executive Director Shri R.K. Garg accepted the request of the landlord and undertook to vacate the premises by the end of November, 1989. It is further pleaded that the landlord needs the premises bonafide the residence of himself and his family. Inspite of promising to vacate the premises in November, 1989, the respondents had failed to vacate the house. Hence, the Eviction Petition was filed on 4.1.1990. It may be noticed at this stage that the Eviction Petition has been filed against Yash Paul Garg and Company Private Limited. R.K. Garg, the Executive Director was not impleaded as a party. Notice was issued to the tenant for 28.2.1990. On this date, counsel for the parties appeared before the learned Rent Controller. Two interim orders were passed. The first order is to the effect that parties want to make statement. Let the same be recorded. Thereafter, in the second order, it is ordered as follows :-

(3.) AGGRIEVED against the aforesaid order, dated 28.2.1990 the tenant filed an appeal before the Appellate Authority, Chandigarh. This appeal was, however, dismissed as not maintainable on 1.11.1994. The appeal had been filed by Shubh Karan Bansal, Managing Director of M/s Shubh Timb Steels Pvt. Ltd., on behalf of the aforesaid company. The appeal was dismissed as there was no proper authority in favour of Shubh Karan Bansal to file the appeal. Aggrieved against the aforesaid order, the tenant filed CR No. 4348 of 1994. On 29.9.1999, the Revision Petition was allowed. The matter was remanded back to the Appellate Authority to decide the matter on merits, if it is found that there was a resolution in favour of Shubh Karan Bansal. When the appeal was heard before the Appellate Authority on remand of the matter, it was pointed out that there was a resolution dated 19.1.1992 passed by the Board of the Company authorising the Managing Director to institute the appeal with regard to the premises in question. Therefore, the action of the Managing Director stood ratified. The Appellate Authority accepted the plea of the tenant and held that S.K. Bansal was duly authorised to file the appeal. After hearing the parties on merits, the Appellate Authority passed the order dated 22.11.2000 accepting the appeal and directing the parties to appear before the learned Rent Controller who was directed to the proceed with the petition in accordance with law. Hence, the present Revision Petition.