VIRINDER NAYAR Vs. JATINDER SINGH

JUDGEMENT

(1.) By way of present revision petition, challenge has been laid to the judgments dtd. 6/3/2019 and 3/8/2021 passed by the Rent Controller and the Appellate Authority, Chandigarh, whereby, an eviction order has been passed against the petitioner from the tenanted premises i.e. semi-industrial shop No.40, Sector-15 D, Chandigarh, upholding the bona fide need of respondents No.2 and 3.

(2.) Briefly stating, the tenanted premises comprised of semi-industrial shop no.40, Sector 15-D Chandigarh besides 20% share in the Industrial Shed No.73, Industrial Area, Phase-I, Chandigarh were originally owned by Smt. Gurbinder Kaur wife of Harmohinder Singh. Earlier on 11/5/2007 a rent petition was filed at the instance of Smt. Gurbinder Kaur against the present petitioner seeking eviction on the ground of her personal necessity as well as the necessity of her daughter-in-law namely Paramjeet Kaur for wanting to set up an embroidery centre besides on the grounds of arrears of rent. The said eviction petition was dismissed by the Rent Controller vide judgment dtd. 2/5/2012. The same was even upheld by the appellate Authority vide its decision dtd. 28/3/2014 thereby non-suiting Gurbinder Kaur for having concealed and suppressed material facts besides holding that the bona fide need of Paramjeet Kaur was not made out.

(3.) Immediately thereafter on 12/6/2014, a transfer deed based on family settlement was executed by Gurbinder Kaur in favour of her son, namely, Jatinder Singh vide which the tenanted premises as well as the 20% share of the industrial plot were recorded in his name. The same was even acknowledged by the estate office on 30/1/2015. Based on the aforesaid family transfer, rent petition No.144 dtd. 27/2/2015 was filed against the petitioner at the instance of said Jatinder Singh while claiming himself to be the owner-landlord pleading his own bona fide need. Unfortunately, during pendency of the eviction petition, Jatinder Singh expired on 12/5/2018 resulting into impleading of respondents being his successors followed by an amendment of the rent petition seeking eviction on account of bona fide need of his widow Paramjeet Kaur and the elder son Samyukt Singh. Relevant para number 3(i) from the amended eviction petition is reproduced hereunder:-