SHARDA DEV Vs. YASHPAL CHAWLA

JUDGEMENT

(1.) The present case is taken up through video conferencing.

(2.) The present Civil Revision has been preferred against the order dtd. 5/2/2021 passed by the House Rent Controller-cum-Sub Divisional Magistrate, Sadar, Chaibasa in JBC Case No. 05 of 2018 whereby the eviction suit filed by the plaintiffs/opposite parties under Sec. 19(1)(c)&(e) read with Sec. 21 of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011 (in short, "the Act, 2011") has been decreed in their favour.

(3.) The factual background of the case as stated in the writ petition is that the plaintiffs/opposite parties filed a suit for eviction against the defendants/petitioners under the aforesaid provisions of the Act, 2011 stating that Late Kanta Rani Chawla (wife of the opposite party no. 1 and mother of the opposite party nos. 2 to 4) was the absolute owner of the land appertaining to Town Khas Mahal Holding No. 270 bearing Plot No. 2023, Old Ward No. 3, Mohalla Amla Tola, P.O. and P.S Chaibasa, District - West Singhbhum over which she constructed a building where a residential hotel/lodge in the name and style of "Hotel Aakash" was being run on the first floor and a market having several shops was established on the ground floor known as "Chawla Super Market" or "Sri Sai Chawla Super Market". Kanta Rani Chawla had inducted the father of the defendant Nos. 2 and 3 namely Santosh Lath as a tenant vide agreement dtd. 1/8/2003 in one of the shops i.e. shop no.-9 wherein he was running business of readymade garments in the name and style of "Kamal Textiles". The aforesaid agreement was valid for three years and the same expired in July, 2006. Thereafter, the said lease agreement was not renewed even after repeated request of the defendants/petitioners and their predecessor-in- interest. The father of the defendant nos. 2 and 3 died on 23/12/2016 and a pre- mature notice dtd. 27/11/2017 was issued by the said Kanta Rani Chawla which was suitably replied by the defendants/petitioners on 11/12/2017 denying the claim of the plaintiffs/opposite parties that the right of the defendants had extinguished and expired on completion of one year from the date of death of the original tenant i.e the father of the defendant nos. 2 and 3. In the meantime, Kanta Rani Chawla died on 7/12/2017 leaving behind the plaintiffs as her legal heirs and successors. The plaintiffs/opposite parties instituted suit seeking vacant possession of suit premises after evicting the petitioners/defendants directing them to deposit arrears of rent for last three years as well as monthly rent accruing during the pendency of the suit and for other reliefs to which they were entitled. The plaintiffs claimed in the said eviction suit that they required the suit premises for one Shaashwat Chawla-grandson of plaintiff no. 1 as he was unemployed and wanted to set up his own business for his needs. The defendants appeared and filed written statement stating that there was no relationship of landlord and tenant between the parties as the original landlord-Kanta Rani Chawla had passed away. The defendants further stated that even the suit property was not purchased by Late Kanta Rani Chawla and the plaintiffs had no right, title or interest over the suit property. The defendants further stated that the suit property was not required by the plaintiffs/opposite parties since they had other vacant shop premises which were appropriate to satisfy their requirements. The plaintiffs had recently got possession of two shops vide JBC Case No. 04 of 2015 and JBC Case No. 05 of 2015 which were vacant and ready for their use. However, the court below passed decree for eviction of the defendants vide impugned order dtd. 5/2/2021. Hence, the present Civil Revision.