IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
Civil Revision No.3516 of 2013 (O&M)
M/s Sant Footwear Pvt. Ltd. & Anr.
v.
Daya Bindra
{Decided on 19/09/2013}
Mr. Rakesh Kumar Garg, J.: - This is tenant’s revision petition challenging the order dated 15.10.2011 of the Rent Controller, Ludhiana whereby his eviction has been ordered from the demised premises on the ground of personal bonafide need of the respondent-landlady; and further judgment of the Appellate Authority dated 30.03.2013 whereby his appeal against the aforesaid order of eviction has been dismissed.
2. The respondent-landlady filed the petition, through her attorney-Mandeep Singh Bindra, for eviction of the petitioner from the demised premises pleading her personal necessity as under:
“That the petitioner bonafidely requires the demised premises for her own use and occupation and for the use and occupation of her grandson Sh.Mandeep Singh Bindra and her grand daughter-in-law Smt. Amrita Bindra. S. Mandeep Singh Bindra, grandson of the petitioner is B.Tech. in Agriculture Engineering and has also done Masters in International Business (M.I.B.) from University of Delhi. He is presently working as a Marketing Manager in M/s Cargill India Pvt. Ltd. and is presently posted at Bangalore. Smt. Amrita Bindra wife of S. Mandeep Singh Bindra and grand daughter-in-law of the petitioner is a M.B.A. The petitioner along with her son Sh.Jasbir Singh Bindra, Advocate and his wife Smt.Poonam Bindra is residing in Ludhiana in her home known as GULREZ, House No.130, Rani Jhansi Road, Civil Lines, Ludhiana. The son of the petitioner Sh.Jasbir Singh Bindra is a practicing Advocate. The grandson of the petitioner, Sh.Mandeep Singh Bindra has already put in over 10 years in the job and has got sufficient experience in food related business. M/s Cargill India Pvt. Ltd., the company where he is presently working, is dealing in mainly Food Products in RAW and processed form. Sh. Mandeep Singh Bindra has got two children and now wants to settle down in Ludhiana, his native place. Sh. Mandeep Singh Bindra and his wife Smt.Amrita Bindra have no commercial place of their own to start their business and as such the petitioner requires the demised shop for the use and occupation of her grandson S. Mandeep Singh Bindra and her grand daughter-in-law Smt. Amrita Bindra who has also sufficient experience in Marketing as having worked at several prestigious companies and organization in the country. Ludhiana is the native place of the petitioner. Sh.Mandeep Singh Bindra and his wife Smt.Amrita Bindra will start a Food related business and the demised shop is most suitable for the said business as being situated in the Centre of Commercial hub of Ludhiana. The petitioner will also assist her grandson and her grand daughter-in-law in every manner in settling their business. The petitioner, her son S.Jasbir Singh Bindra, Advocate and her grandson S.Mandeep Singh Bindra and his wife Smt. Amrita Bindra have sufficient resources and funds required for the said business. The petitioner does not own or possess any other non-residential building anywhere in the country and least to say within the urban area of Ludhiana nor has even vacated any non-residential building after the coming into force of the East Punjab Urban Rent Restriction Act, Act-III of 1949. Similarly, Sh. Mandeep Singh Bindra and his wife Smt.Amrita Bindra also do not own or possess any other non-residential building within the urban area of Ludhiana nor have vacated any non-residential building after the coming into force of the East Punjab Urban Rent Restriction Act, Act-III of 1949.”
3. Further reference be also made to paragraph No.4 of the ejectment application pleading that the petition is being filed through attorney, which is as follows:
“That the petitioner is in perfect mental and physical health and has alert faculties but because of her age and seniority, she has appointed and authorized her Grand Son namely Sh.Mandeep Singh Bindra to conduct, pursue and follow up and defend day to day legal proceedings in any Court of having Civil and Criminal and Revenue jurisdiction befo
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.