JASVIR SINGH JAWANDA Vs. SIDHSONS

JUDGEMENT

(1.) THE landlord is the revision petitioner. The landlord sought for eviction of the premises on the ground of his personal requirement. The bona fides of the claim of the landlord were sought to be adduced by reference to the fact that a business in automobile refrigeration which he was running at his premises in SCF No. 3, Sector-10D, Chandigarh was required to be closed on account of punitive action taken by the Chandigarh Administration for resumption on the ground that the landlord had used the premises for a purpose that was not authorised in a particular zone. The landlord therefore sought eviction of his premises in the hands of the tenant to re-locate his business. The tenant disputed the bona fides of the landlord by pointing out that the landlord had started another business in his own premises. The resumption itself had been effected sometime in the year 1991 and the action taken by the landlord in the year 1999 betrayed lack of bona fides on the part of the landlord.

(2.) BEFORE the Rent Controller the landlord had placed evidence regarding the fact that after undertaking given by him to the Chandigarh Administration that he would stop the business of automobile refrigeration at his premises in SCF No. 3, Sector-10D, Chandigarh and his undertaking given in the year 1993, he had begun another business by setting up a recreation hall for pool (billiards) and he had shifted the equipments of refrigeration which were kept in the basement to his own residence. His evidence was that he would shift his business of refrigeration as soon as the property was vacated. The Rent Controller upheld the contention but the appellate Court reversed the decision. While doing so, it adopted three lines of reasoning :