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2014 Supreme(P&H) 1003

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice G.S. Sandhawalia
C.R. No. 4261 of 2005
Amrik Singh Chana
v.
M/s. Punjab Weaving Mills, NIT, Faridabad
{Decided on 17/12/2014}

Advocates:
For the Petitioner:Mr. Baldev Singh, Advocate, and Mr. Govind Narayan Kaushik, Advocate.

Headnote:Eviction--Cease to occupy--Merely because there was a lock out in the manufacturing unit would not mean that the tenants had ceased to occupy the premises.

       (A) Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13--Eviction--Personal Necessity--The requirement of the landlord should be bonafide and just a mere wish or desire would not be a ground to direct ejectment. (Para 13)

       (B) Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13--Eviction--Personal Necessity--Landlord has been residing in London and from last 14 years from the date of filing of the petition he has chosen to stay back in London--Business that he was wanting to do in such a large industrial plot was never specified--Neither it has been specified that who would be helping the petitioner at that point of time also at the age of 63 years and whether his family members were also migrating or not--Conclusion that the bona fide element was missing for personal requirement--Upheld--Eviction rightly not granted. (Para 12)

       (C) Haryana Urban (Control of Rent & Eviction) Act, 1973, S.13--Eviction--Cease to occupy--Merely because there was a lock out in the manufacturing unit would not mean that the tenants had ceased to occupy the premises.

       The term lock out which flows from the Industrial Disputes Act, 1947 only defines the temporary closing of the place of employment or suspension of work and does not mean that the company is no longer occupying the premises and, therefore, even if there was an admission on the part of the tenant, it would not be a ground to order eviction. (Para 14)

       

JUDGMENT

Mr. G.S. Sandhawalia, J.: - The present judgment shall dispose of nine civil revision petitions i.e. C.R. Nos. 4261 to 4264 and 4921 to 4925 of 2005, which have been filed by the same landlord against different tenants on the same set of grounds of ejectment and who are occupying different areas in the same and larger campus measuring approximately an acre. For reference of the facts, pleadings of C.R. No. 4261 of 2005, Amrik Singh Chana Vs. Punjab Weaving Mills, NIT, Faridabad is being taken up for consideration and convenience, since common questions of facts and law are involved in all the revision petitions.

2. The ejectment petition was instituted on 24.11.2000 for eviction of the respondent-tenant from area measuring 1781.5 sq. ft. which is part of Plot No. 11 situated in Sector 24, New Industrial Area, Urban Estate, Faridabad. The other premises are also situated in the same plot, the boundaries of which have been given in detail in other petitions and the details are mentioned as per the table below:-

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C.R. No. Name of the tenant Area Rate of rent Date of

(in Rs.) lease Deed

----------------------------------------------------------------------------------------------------------------------------------------

4261 of 2005 M/s. Punjab Weaving Mills, 1781.5 sq. ft. 500/- 04/08/76

NIT, Faridabad

4262 of 2005 M/s. Hindustan Weaving 1753 sq. ft. 490/- 04/08/76

Mills, NIT, Faridabad

4263 of 2005 M/s. Calico Textiles, 2237.5 sq. ft. 625/- 04/08/76

Faridabad

4264 of 2005 M/s. New India Textiles, 1781.5 sq. ft. 500/- 04/08/76

NIT, Faridabad

4921 of 2005 M/s. Bharat Cloth Industries, 2655.5 sq. ft. 740/- 04/08/76

NIT, Faridabad

4922 of 2005 M/s. Textiles Agency (Pvt.) 2237.5 sq. ft. 625/- 04/08/76

Ltd., NIT, Faridabad

4923 of 2005 M/s. Arun Textiles, NIT, 1781.5 sq. ft. 500/- 04/08/76

Faridabad

4924 of 2005 M/s. National Cloth 2636.5 sq. ft. 740/- 04/08/76

Manufacturers, NIT,

Faridabad

4925 of 2005 M/s. New Era Textiles, NIT, 2636.5 sq. ft. 740/- 04/08/76

Faridabad

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3. It was pleaded that the premises have been taken on rent vide lease deed dated 04.08.1976 @ Rs.500 per month beginning from 01.09.1976 for a term of 10 years. The premises were non-residential and the rent had not been paid for the last more than 3 years and that the petitioner was residing outside India and was wanting to shift to India and required the premises for bona fide use and occupation and lastly that the tenant had ceased to occupy the premises in question for a continuous period of 4 months preceding the date of filing the petition without reasonable cause.

4. The defence of the tenant was that the petitioner had let out to the respondent a portion of the property consisting of industrial shed and the tenant was ready to pay the rent but the petitioner was avoiding receiving the same. The averments that requirement was for bona fide necessity were flimsy and without any basis and that the respondent was in actual and physical possession of the premises and, therefore, had not ceased to occupy the premises. The following issues were framed by the Rent Controller:-

“1. Whether the respondent is in arrears of rent for more than three years? OPP

2. Whether the premises-in-question is required for bonafide use of the petitioner and his family members? OPP

3. Whether the respondent has ceased to occupy the premises-in-question for a continuous period of four months? OPP

4. Whether the petition is not maintainable in the present form? OPR

5. Relief.”

5. The landlord put in appearance as his own witness as AW-1 whereas, one I.N.K. Sinha appeared on behalf of the tenants being the Member of The Faridabad Power Loom Owners Association Ltd. and also the Secret



















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