GOYAL SANITARY STORES Vs. CHANDER KANTA TALWAR

JUDGEMENT

(1.) The petitioners herein are tenants on the ground floor of SCO No.27, Sector 18-D, Chandigarh. They assail the correctness of concurrent findings of fact arrived at by the Rent Controller as well the Appellate Authority on the ground of bonafide personal necessity (For settling grandchildren/children) of the landlords (Respondents herein). A pedigree table was drawn in para 2 of the rent petition to disclose the particulars of the children as well as grand-children along with their present status. It was asserted that their children do not own or possess any building nor they have vacated any such building in the urban area of Chandigarh.

(2.) The tenants contested the petition while asserting that the petition lacks mandatory particulars to the effect that no petition between the same parties or between the parties under whom they or any of them claim litigating on the same ground has been previously instituted or finally decided by the Court of competent jurisdiction (i.e. no other proceeding on the same matter and same parties has been previously instituted or finally decided by the Court). It was further asserted that the requirement of the landlords is not bonafide as they have let out first floor of the demised premises after getting it vacated. The tenant also alleged that the landlords have concealed the fact that booth No.24, Sector 18-D, Chandigarh, is also let out by landlords.

(3.) As already noticed both the authorities have ordered the eviction of the tenants.