Back
PUNJAB & HARYANA HIGH COURT
Vinod K.Sharma, J.
M/s Bajaj Associates
Versus
Vinod Kumar
CR No. 5639 of 2006,
Decided On : AUGUST 8, 2008
(B) Rent Law--Eviction--Bonafide requirement--Landlord having showroom in Sector 17 and doing business of branded watches, jewellery, clothes and stationery--They have another showroom at Sector 26 which was let out--Landlord want to shift his stationery business from Sector 17 to Sector 26--Stationery business need extra space and cannot be done collectively with other branded things--Tenant cannot dictate landlords as to now they have to run a adjust their business--Eviction upheld--|East Punjab Urban Rent Restriction Act, 1949, Section 13.
(C) Rent Law--Eviction--Bonafide requirement--Definition of-
(i) The words need and require denote a certain degree of want with a thrust within demanding fulfilment.
(ii) Term bona fide refers to a state of mind--Requirement is not a mere desire--Degree of intensity contemplated by requirement is much higher than in mere desire.
(iii) The phrase required bona fide is suggestive of legislative intent that a mere desire which is outcome of whim is not taken note of by Rent Control legislation.
(iv) The Judge of facts should place himself in the arm chair of landlord and then ask question to himself whether in the given facts the need to occupy the premises can be said to be natural, real and honest.
(v) Once Court is satisfied of bona fides of the need of landlord by applying objective standards, then in the matter of choosing out more than one accommodation available to landlord his subjective choice shall be respected by court.
(vi) The court would permit their landlord to satisfy the proven need by choosing the accommodation which landlord feels would be most suitable for the purpose - Court would not in such a case thrust its own wisdom upon the choice of landlord.
(vii) Concept of bona fide need needs a practical approach instructed by realities of life - An approach either too liberal or too conservative or pedantic must be guarded against--|East Punjab Urban Rent Restriction Act, 1949, Section 13. (Para 19)
Vinod K.Sharma, J.
1. M/s Bajaj Associates and others, the tenants of ground floor of SCO No. 25, Sector 26, Madhya Marg, Chandigarh have filed this revision petition to challenge the order passed by the learned Rent Controller as affirmed by the learned Appellate Authority, Chandigarh for their eviction from the demised premises.
2. The respondent-landlords being owners of SCO No. 25, Sector 26, Madhya Marg, Chandigarh sought eviction of the petitioners on the plea that the tenanted portion is being used for the purpose of trading from the very beginning under the terms of the lease.
3. The respondent-landlords are carrying on business under the name and style of M/s Kapoor Brothers Agency in the basement and ground floor of SCO 194-195, Sector 17-C, Chandigarh. Firm of the respondents i.e. M/s Kapoor Brothers Agency is having a Titan show room and deals with Titan watches and Tanishq Jewellery manufactured by Titan Industries Limited a company of Tatas. The respondent firm was also having a franchise of the said company and the products are being sold on the ground floor and basement of SCO Nos. 194-195, Sector 17-C, Chandigarh.
4. In addition they also have franchise of Titan Industries Ltd. and Arvind Mills which manufacture Arrow shirts. Said company is running prestigious showrooms in India and abroad. In order to run a franchise of the said company proper decoration space, management, display and sale efforts are required from any dealer. The landlords claim that in these circumstances the ground floor is found to have been sufficient only for dealing with Titan Industries products i.e. watches and jewellery and for the sale of Arrow shirts manufactured by Arvind Mills. The business of paper and stationery required space for storage and sale and therefore, the space with the landlord was unsuitable for promoting and carrying on with the business like watches and jewellery and shirts etc. along with stationery business. The landlords were also the owners of SCO No. 25 Madhya Marg, Sector 26, Chandigarh and therefore, it has been decided to shift the business of paper and stationery from SCO Nos. 194-195 Sector 17C Chandigarh to SCO No. 25, Sector 26, Chandigarh.
5. It was also the case of the landlords that the premises on rent with the petitioners herein is required to have separate show room for sale and storage of papers and stationery for economic benefit and prosperity and to add space. The respondent landlords, therefore, pleaded that the respondent landlords who are co-owners of the tenanted premises required the tented premises for their own use and occupation as detailed above. The landlords claim that they have no other place for shifting the business of paper and stationery in their possession in the urban area of Chandigarh nor they have vacated any non- residential premises in the urban area of Chandigarh after the enforcement of the Act without sufficient cause. The respondent landlords also claimed that whole of SCO No. 25, Sector 26, Madhya Marg was required by the respondents and other co-owner. The petitioners also filed eviction petition against other occupants i.e. M/s Faquir Chand Karva & Sons as also against the Punjab National Bank.
6. The petition was contested by the petitioners by taking a preliminary objection on the plea that the case filed by petitioners is mala fide and has been filed to pressurize the petitioners to increase the rent and at abnormal rate. It was also the case of the petitioners that the rent was voluntarily increased from Rs. 12000/- to Rs. 13500/- and then to Rs. 17,088/-. The demand of respondent landlords to increase the rate to Rs. 25000/- was not acceptable.
7. It was also the case of the petitioners herein that the landlords are well settled in business and have sufficient space. It was also the case of the petitioners herein that the landlords have not taken any step till date for expansion of the business and therefore, the premises in dispute were not requi
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
