GULSHAN KUMAR JAIN Vs. NEENA JAUHAR

JUDGEMENT

(1.) Petitioner(Tenant) has filed the present revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) whereby order dated 24.08.2012 (P-1) has been challenged. Through the said order, learned Appellate Authority, Chandigarh has decided two applications filed by the petitioner(tenant) Gulshan Kumar. First application was Under Order 41 Rule 27 CPC and the second one was for appointment of Local Commissioner for inspection of the demised premises. In brief, the facts of the case are that the learned Rent Controller, Chandigarh had allowed the eviction petition filed by respondent Neena Johar on the ground of personal necessity vide its order dated 01.02.2012 from second floor of SCO No. 11, Sector 17-E, Chandigarh. Thereafter, the present petitioner had filed an appeal before the Appellate Authority, Chandigarh and in the said appeal, the present two applications were filed.

(2.) In the application for additional evidence, petitioner(tenant) stated that SCO No. 282, Sector 32-D, Chandigarh was in occupation of old tenants against whom respondents(landlords) filed ejectment petitions on the ground of personal necessity. In the said petitions, compromise was effected between the landlords and tenants of SCO No. 282, Sector 32-D, Chandigarh and the two tenants of the said SCO were paid an amount of Rs. 1 lac each and thereafter the ejectment petition was withdrawn on the statement of the tenants that the possession of the SCO No. 282 has been handed over. Similarly, another petition was filed by respondent No. 3 namely Ishwinder Singh Johar against Patiala Homeo Pharmacy on the ground of personal necessity and in the said proceedings also Ishwinder Singh had paid Rs. 1 lac and possession was taken by him after compromise. After obtaining the possession of the entire ground floor of SCO No. 282, Sector 32-D, Chandigarh, the landlords have put up a sign board of To-Let for letting out the portion of the building on rent. The petitioner herein alleged that he has taken the photographs of this To-Let board on 17.03.2012 and some other photographs before putting up of the To-Let board i.e. on 06.03.2012. A CD was also prepared and since all these facts have been withheld from the learned Rent Controller, therefore, this evidence is important because the area which has been got vacated by the landlords is nearly 3000 sq. ft on ground floor, whereas the petitioner (tenant) is in occupation of 600 sq. ft.

(3.) The second application was filed by the petitioner(tenant) for appointment of Local Commissioner on the ground that application for additional evidence has been filed and it was alleged in this application that Local Commissioner be appointed to visit the site i.e. basement, ground floor and first floor of SCO No. 282, Sector 32-D, Chandigarh and record the factual position.