LAWS(P&H)-2018-9-16

PRABHA SEHGAL Vs. SUBHASH SAHOONJA

Decided On September 17, 2018
Prabha Sehgal Appellant
V/S
Subhash Sahoonja Respondents

JUDGEMENT

(1.) By this judgment, Civil Revision Nos.6275, 6278 of 2014, 7492 and 7493 of 2015 shall stand disposed of. Counsel for the parties are also agreed that all these four revision can conveniently be disposed of by a common judgment.

(2.) Dispute in both the revision petitions is with respect to two adjoining premises, one originally owned by Smt. Pritam Devi (daughter-inlaw) and second owned by Smt. Bhagwanti (mother-in-law). Shop numbers are 13 and 14, Leela Bhawan Market, Patiala. Both the shops were constructed separately and leased out in favour of tenant Subhash Sahoonja at Rs. 6000/- per month each for each shop with a provision for increase of rent by 15% after every three years. In both the petitions, eviction has been sought of the tenant on the grounds of non payment of rent, material structural alteration, resulting into material impairment in the value and utility of the building and bonafide requirement for the son of one of the co-owner-landlady-Smt. Prabha Sehgal.

(3.) Tenant contested the petition by pleading that he is a co-sharer in the property having purchased a share in the property. He further pleaded that relationship of landlord and tenant has come to an end. It was further pleaded that landlady-petitioner had also entered into an oral agreement to sell and suit for specific performance of the agreement to sell is pending. Tenant also contested the petition on the ground that bonafide requirement of the son of the landlady, Anupam Sehgal is not genuine as he has sold his share.