ARJUN DASS Vs. BIRINDER KAUR

JUDGEMENT

(1.) Petitioner (tenant) Arjun Dass is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the "Act"), as applicable to Chandigarh, against the concurrent findings returned by both the courts below, whereby the ejectment petition filed by respondents Birinder Kaur and Naresh Inder Singh Boparai against Arjun Dass(tenant) for eviction of left side portion of ground floor of SCO No. 1026-27, Sector 22-B, Chandigarh was allowed by the learned Rent Controller, Chandigarh vide its order dated 28.03.2011 and the findings thereof were affirmed by the learned Appellate Authority, Chandigarh vide its judgment dated 29.10.2011. In brief, facts of the case are that the respondents (landlords) pleaded that the SCO No. 1026-1027, Sector 22-B, Chandigarh was earlier jointly owned by Dr. Amrik Singh Chatha and his wife Smt. Jaswinder Kaur Chatha and the respondents, who are related to each other. Upon settlement arrived at orally on 1.3.2000, the portion in occupation of the petitioner (tenant) fell to the share of respondents whereas, the other portion on the ground floor fell to the share of Dr. Amrik Singh Chatha and Smt. Jaswinder Kaur Chatha. It was thus stated that the respondents have become landlords/owners of the premises in which the petitioner is a tenant at the rate of Rs. 1300/- per month excluding water and electricity charges.

(2.) The ejectment was sought by the respondents (landlords) on various grounds, namely, causing material impairment and diminishing the value and utility of the premises and secondly, on ground of bona fide use and occupation of Smt. Pavita Boparai, who is wife of respondent No. 2 and daughter in law of respondent No. 1 Smt. Birinder Kaur. It was stated that Pavita Boparai is a young and energetic girl of 32 years and does not want to sit idle at home and wants to start a boutique as well as a tiny shop for the sale of gift items from the tenanted premises. It was stated that the premises in question is centrally Located, as it is just opposite to ISBT, Sector 17, Chandigarh and is a hub of commercial activities. It was further stated that since the premises is located in the prime location of Chandigarh and any business carried out in the premises is bound to give fruitful result, therefore, it was stated that the present premises is required so that Pavita Boparai could start her own business and gain fruits from the property. It was also mentioned in the petition that the respondents/landlords have not vacated any such or similar premises in the urban area of Chandigarh after the commencement of the Act and neither they are in possession of any non residential premises in the urban area of Chandigarh. Thus prayer for acceptance of the petition for ejectment was made.

(3.) Upon notice, petitioner (tenant) filed written statement/reply whereby preliminary objection was taken to the effect that there was no relationship of landlord and tenant between respondent No. 2 and the petitioner. It was also stated that due to this reason, petition filed by respondent No. 2 itself is not maintainable. It was stated that M/s. Naresh Departmental Store is the tenant in the premises and the same was taken from its original owner Smt. Ram Piari wife of late Sh. Amar Nath and it has been paying rent at the rate of Rs. 1100/- per month through cheques from January 1979 till date. Thus it was alleged that it is M/s. Naresh Departmental Store who is in possession of the tenanted premises and not petitioner Arjun Dass in his individual capacity. It was also mentioned that the partition as alleged by the respondents/landlords is false and concoction of mind so as to get the premises vacated from the petitioner and let it out at a higher rate of rent. It was also alleged that the necessity as has been projected in petition is not at all there for the reason that adjoining portion of the tenanted premises on the ground floor was got vacated by the respondents from Bishamber Dass (tenant of the said portion) on 14.2.2000 and after taking possession, the said shop was let out by the respondents to Seira Enterprises at the rate of Rs. 22,000/- per month w.e.f. 1.4.2000. It was also stated that the entire SCO No. 1026-27 consists of three floors which is still joint among the owners and no partition has ever been affected among the owners. It was also stated by the tenant that no material additions or alterations have been made by the petitioner (tenant) so as to impair the value and utility of the premises in question. Finally, it was stated in the written statement that the respondents/landlords are also owners of SCO No. 491-92, Sector 35, Chandigarh which had been let out by the respondents to various tenants and after vacation by the tenants, has been re-let at enhanced rate of rent to the tenants.