KAWALJIT SINGH Vs. KULWANT KAUR

JUDGEMENT

(1.) Respondent Kulwant Kaur filed a petition under Section 13 of East Punjab Urban Rent Restriction Act, 1949 seeking eviction of the revision petitioner from the ground floor and basement area of SCF No. 22, Phase-X, SAS Nagar, Mohali on the ground of arrears of rent and personal bona fide necessity for the settlement of her daughter namely Surinder Sidhu, who was married to an Army Officer, who died in insurgency. After the death of her husband, Ms. Surinder Sidhu had been residing with respondent along with her two children i.e. a son and a daughter. She was B.Ed. and post-graduate in English and was working as Teacher at Guru Nanak Public School, Chandigarh. She intended to live separate with her children after hiring a house on rent and in order to supplement her income, wanted to start a coaching centre of English subject imparting training for IELTS and also to start classes for science subject with the assistance of her daughter, who was final year student of Punjab Engineering College, Chandigarh at the time of filing of the petition. The demised premises being ground floor and basement were more suitable for running a Coaching Centre as compared to the remaining portion of the SCF. It was alleged by the respondent that the tenancy was to commence under the rent agreement dated 16.10.2008, w.e.f. 01.12.2008 for a period of five years and the rent was settled as follows:--

(2.) The revision petitioner-tenant, in the written statement, denied the rate of rent and settlement of any terms of rent vide rent agreement dated 16.10.2008. He alleged that the rate of rent was orally settled as Rs. 40,000 per month + water and electricity charges. The rent upto April, 2009 had already been paid vide cheques and thereafter the respondent refused to accept the cheques. The requirement of the demised premises for the personal bona fide necessity of the respondent was denied with the plea that two floors of the premises are already lying vacant which the landlady-respondent can use for the purpose of starting Coaching Centre.

(3.) The respondent reiterated her case in the rejoinder. Pleadings of the parties led to the framing of following issues:--