VARINDER SINGH AND ANOTHER Vs. SURINDER KAUR

JUDGEMENT

(1.) This is a civil revision that has been filed by the petitioners- tenants seeking to challenge the order dated 04.02.2015 passed by the Rent Controller whereby, the petition of the respondent-landlady was allowed on the ground of bona fide personal necessity, as well as the order dated 25.09.2018 passed by the Appellate Authority whereby, the appeal filed by the petitioners-tenants was dismissed.

(2.) In brief, the facts of the case are that the respondent herein filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act against the petitioners herein for their ejectment on the grounds that the petitioners are regular defaulters in making the payment of rent and never paid the rent in time. It was also claimed by the respondent that she required the tenanted premises for the need of herself and her husband to start their business of boutique, to design and sell the readymade ladies and gents garments. The respondent further averred that the tenanted premises is more suitable for the business of boutique and she has got vacated the adjoining shop in order to merge the same with the tenanted premises. It was submitted that the space of both the shops would be sufficient and suitable for the proper running of the boutique business.

(3.) The petition was contested by the petitioners by filing their written statement, in which apart from taking the preliminary objections, it was submitted that no rent note was executed between the parties, as alleged by the respondent. It was averred that the petitioners gave a sum of Rs. 2,70,000/- as security amount (Pagri). The rate of rent is Rs. 4000/- per month, which includes any house tax or any other cess or tax and the petitioners are not liable to pay any other amount. It was alleged that the respondent has not disclosed the true facts to the court that she has received an amount of Rs. 50,000/- through two cheques of Rs. 25,000/- each, as such, they have received more amount from the petitioners, which has been claimed as lump sum as Rs. 49,490/-. Remaining averments of the petition were denied.