The immediate filing of an ejectment petition after purchase is not a valid ground for declining the relief of personal necessity, and experience is not a pre-condition for seeking eviction.

Gurmit Ram, J.

This revision is preferred by the petitioners (landlords) who remained unsuccessful before both the Forums below, i.e. learned Rent Controller, Chandigarh as well as learned Appellate Authority, Chandigarh.

2. The facts in brief pertaining to the instant revision petition are that the petitioners herein filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act 1949 (in short "the Act") for the eviction of the respondent (tenant) from the first floor, second floor, third floor and fourth floor of SCO Nos. 66-67, Sector 17-D, Chandigarh (hereinafter to be referred as demised premises). The facts as mentioned in the ejectment petition were that earlier Manmohan Sharma, Anand Sarup Sharma, Chander Mohan Sharma and Vijay Mohan Sharma were the owners of the aforesaid SCO Nos. 66-67, Chandigarh. They inducted the respondent as a tenant in the demised premises for more than two decades ago. The present monthly rent of the demised premises was stated to be Rs. 10,260/- payable in advance by 15th of each month. The said earlier owners sold this SCO to the petitioners herein vide sale deed dated 04.12.2006 duly registered in the office of Sub-Registrar, Chandigarh. As such the petitioners herein became the owners-cum-landlords of this SCO, whereas respondent became tenant under them qua the demised premises. The ejectment of the tenant was sought on the ground of non-payment of rent w.e.f. from 1st March, 2007 and that the petitioners require the demised premises for their own use and occupation. It was the case of the petitioners that the petitioner No. 1 is running textile shop under the name and style of M/s Navdeep Textiles since the year 1982 in a tenanted premises i.e. half ground floor covering an area of 1200 square feet with an equal area in the basement in SCO No. 76, Sector 17-D, Chandigarh by paying rent at the rate of Rs. 18,500/- per month. With the passage of time petitioner Bhim Sen Bansal had acquired vast experience of the trade of sale of textile. His wife Saroj Rani was stated to be without any vocation. Petitioner Arjun Dass aged about 45 years was also stated to be without any business or vocation, who anyhow extending his assistance to Bhim Sen Bansal intermittently in his said business. He has also got experience to run the business of sale of textile. His wife Krishna Devi who is stated to be an educated person was also without any work. The only son of Arjun Dass who had passed his B. Com examination was also alleged to be without any work or vocation. In these circumstances, the petitioners decided to set up a retail outlet for the sale of textiles for ladies as well as gents in the pattern of showroom like Nallis of Madras and Perfection House of Delhi. The entire above said SCO was purchased by them with a view to compete in the trade and to meet with the requirement of time. Such exclusive showroom was stated to be already opened in Chandigarh, one of which is a Sham Shopping Mall, Sector 34, Chandigarh. Then it was also their case that they had purchased the building of abovesaid SCO at an exorbitant price by spending Rs. 5 crores, keeping in view their personal requirement as above described. After the purchase of the building of this SCO, petitioners requested the respondent tenant orally as well as in writing to vacate demised premises to which they did not bother, which resulted into filing of the instant ejectment petition.

3. In the reply respondent-tenant took preliminary objections that rent stood paid to the petitioners upto August 2007; that petitioners had rented out the vacant portion of the building meant for shop to York's International after filing of this petition and that the building in question being a shop-cum-office (SCO), only the ground floor can be used for opening shops whereas basement is meant for storing the stock of shop and the