MANISH RALHAN Vs. AJAY KUMAR

JUDGEMENT

(1.) This Revisional Application is directed against the Judgment dated 06.03.2012 passed by the Ld. Appellate Authority, Chandigarh in Rent Appeal No.112 of 2009 affirming the Judgment of the Rent Controller, vide which the Eviction Petition filed by the Respondents/Landlords under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 had been allowed.

(2.) The Petitioner happens to be the Tenant under the Respondents in respect of a portion of SCO No.815-D, Kalka-Chandigarh Road, Manimajra, U.T., Chandigarh on an area measuring 7' x 8" x 24' x 7" situated on the Groundfloor of the concerned premises. The Respondents/Landlords claimed to have purchased the said SCO from its Erstwhile Owner Smt. Surekha wife of A.K.Jain by a registered Sale Deed dated 25.1.2005, after which, the Petitioner has been paying the rent to them directly on being informed about such purchase. Earlier, he was a Tenant under the previous Landlady after being inducted as such on the basis of Lease Deed executed in the year 1999.

(3.) The Respondents filed the Eviction Petition in the Court of Ld. Rent Controller, Chandigarh seeking vacant possession on two grounds. Firstly, they alleged that the Petitioner had unauthorizedly sublet the demised premises to "M/s Silver Art Jewellers". Secondly, it was also the Claim that the demised premises was required by the Respondent/Landlord No.1 Ajay Kumar Jindal for his personal use and occupation, since he was running a Real Estate Agency/engaged in property dealing business since the year 1989, and the total area in his occupation in the concerned premises happens to be only 8' x 3" x 24' x 7". It was further contended that he had also engaged himself subsequently in construction business on account of which, the Building space available to him for his business to accommodate his Clerk, Stenographer and Customers etc. was grossly insufficient, and there was no privacy in the space actually available to him due to which, it is not possible to make separate Cabins/Compartment for the Clerk and Stenographer.