ISHWAR CHANDER Vs. SAROJ KARWAL

JUDGEMENT

(1.) THIS Revision Petition is directed by the tenant against whom an eviction order dated 12.12.2008 passed by the Rent Controller, Chandigarh, has been further up-held by the Appellate Authority, Chandigarh vide its judgment dated 2.4.2009. The petitioner has been ordered to be evicted from the ground floor of the Shop-cum-Flat No. 28 situated in Motor Market and Commercial Complex, Mani Majra, U.T., Chandigarh.

(2.) THE respondent - landlady filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, as applicable to U.T., Chandigarh, inter-alia, averring that the Shop-cum-Flat - the demised premises, was earlier owned jointly by her and her husband, who unfortunately expired on 14.06.2006 and thereafter she is the sole owner of the afore-stated SCF. The petitioner was inducted as a tenant w.e.f. 1.8.2002 for a period of 36 months vide registered lease-deed dated 30.7.2002 and that he is liable to be evicted on the grounds of : [i] non-payment of arrears of rent and [ii] she requires the demised premises for her personal use and occupation as she wants to earn her own livelihood by dealing in the Readymade Garments. She further averred that she is a 65 years old Senior Citizen of sound health but suffers from Arthritis and Asthma which has made it difficult for her to climb the stairs frequently to approach the first and second floors of the premises, which are although lying vacant and are in her possession. The respondent averred that she requires the ground floor to be used as a Shop for the sale of Readymade Garments whereas the basement is to be used as a store-house. The respondent further averred that she has necessary funds to commence the said business.

(3.) SINCE the petitioner tendered the arrears of rent, the first ground of eviction was no longer available to the respondent. As regards the second ground, namely, the bona-fide personal necessity, the respondent herself entered the witness box [AW1] and deposed that but for the Arthritis and Asthma she was otherwise enjoying a good health even at the age of 67 years; she wanted the Showroom for her personal use to start a business; she denied the suggestion that she did not know any ins and outs of the business. She admitted that one of her sons is settled in New York; the other son is an IPS Officer of Gujrat Cadre while her daughter is married and settled in Bombay. She, however, reiterated that as soon as the Showroom was vacated, she would decide whether to start the retail business or take some franchise. The respondent also placed on record the lease deed [Ex.P1], the medical record of the PGIMS, Chandigarh and of INSCOL Hospital, Chandigarh [Ex.P3 to P5] and death certificate of her husband [Ex.PX]. The petitioner - tenant also appeared in the witness box [DW1] and examined one Abhishek Garg [RW2] and tendered the documents [Ex.R1 to R3] in evidence.