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2018 Supreme(P&H) 3472
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Surinder Gupta, J.
Narinder Kumar Mehra @ Malhotra - Appellant
Versus
Pammi Thakur Bias - Respondent
CR No. 6748 of 2014 (O&M).
Decided On : 31-05-2018
A.K. Chopra, Sr. Advocate with Ankit Midha, Advocate, for the Petitioners; R.K. Batta, Sr. Advocate with Mandeep K. Sajjan, Advocate, for the Respondents
The central legal point established in the judgment is that the intention to set up a charitable project for the benefit of the society, along with the involvement of family members in charitable work, constitutes a bona fide necessity under the Rent Act.
Headnote:
Ejectment - Charitable Project - East Punjab Urban Rent Restriction Act, 1949 - Section 13
Fact of the Case:
The respondent-landlord sought ejectment of the tenant to set up a charitable pediatric medical care center to cater to the needs of poor and downtrodden children. The tenant contested the need projected by the landlord and challenged the findings of the Rent Controller.
Finding of the Court:
The court found that the need projected by the landlord for setting up a charitable project fell within the category of personal bona fide necessity, considering the intention to provide medical aid to the needy and the involvement of the landlord's daughter and son-in-law in charitable work.
Issues: The main issue was whether the need projected by the landlord for a charitable project constituted a personal bona fide necessity under the Rent Act.
Ratio Decidendi: The court interpreted Section 13 of the Rent Act and held that the landlord's intention to set up a charitable project for the benefit of the society, along with the involvement of family members in charitable work, constituted a bona fide necessity.
Final Decision: The court dismissed the revision petition, upholding the findings of the Appellate Authority that the landlord's need for the premises to set up a charitable project was genuine and fell within the category of personal bona fide necessity.
JUDGMENT
Surinder Gupta, J. - This is revision against order dated 05.07.2014 passed by Appellate Authority, Chandigarh whereby order dated 30.09.2010 passed by learned Rent Controller, Chandigarh dismissing the petition filed by respondent-Kuldeep Chand Thakur seeking ejectment of Krishan Lal Mehra (since deceased) from demised premises, was set aside and tenant (revision-petitioner) was ordered to be ejected. (Revision-petitioner is legal heir of tenant-Krishan Lal Mehra while respondent-Pammi Thakur Bias is legal heir of landlord-Kuldeep Chand Thakur).
2. The case of respondent-landlord, in brief, is that the demised premises i.e. SCF No. 31, Sector 18-C, Chandigarh was let out to Krishan Lal Mehra at the monthly rent of Rs. 1200/- per month excluding water and electricity charges. After his retirement, respondent-landlord has settled in United States of America (USA). He had only one daughter, namely, Pammi Thakur Bias, who is a doctor and is married to Daljit Singh Bias, resident of USA. He sought ejectment of petitioner from demised premises for his personal bona fide need, which has been incorporated in para 2A of the petition and the same is reproduced as follows:-
"2A. That the petitioner in order to cherish and honour wishes of his wife has decided to give this SCF to run Charitable Pediatric Medical Care center to cater to the needs of the poor and down trodden children of Chandigarh and the nearby areas in the memory of his wife. In this respect, the petitioner has written a letter to the Chairman of the Trinity Health Care Charitable Trust, to allow them to use the said premises for the said charitable purposes for the needs of the poor and down trodden children of the Chandigarh and the nearby areas. Trinity Health Care Charitable Trust is a registered Trust under the Indian Trust Act. The copy of the letter written by the petitioner is annexed as P-1. Since the above mentioned Trinity Health Care Charitable Trust is running the charitable medical activities successfully very well in the area of Punjab, so the petitioner decided to allow the above-mentioned Trust to use the said premises for the charitable purposes as the object of the Trust are noble which are reproduced herein below:-
(i) To provide medical care through the clinics with full dignity.
(ii) To help improve the level of medical education.
(iii) To plan and develop projects with maximum social and cultural impact.
(iv) The Trust is organized exclusively for charitable, education, medical and scientific purposes, within the premises of Section 501 (C)(3) of the IRS, Code or corresponding section of any future Federal Tax Code.
(v) To procure land and develop facilities thereupon."
3. That the petitioner has been showered all the blessings by the Almighty and is a well to do person. So is the daughter of the petitioner and his son-in-law, who has made fortunes in USA. The petitioner's daughter and his son-in-law have now decided to pass rest of their life in charitable work by rendering medical faculties (sic facilities) and services to the deprived lot of Punjab and Chandigarh. In the circumstances, the petitioner's daughter and his son-in-law have decided to set up a charitable Hospital in village Karkalla, District Hoshiarpur to improve health care to the indigent population of Punjab. The said daughter of the petitioner and son-in-law has also decided to set up a mobile Hospital so as to render medical facilities to the rural population of Punjab. It has also been decided to set up a Children Clinic i.e. Pediatric center in SCF No. 31, Sector 18-C, Chandigarh. To achieve the above said purpose, the funds have been arranged and a sum of Rs. 30,01,305/- is lying in the saving bank account no. 01190011917 in the State Bank of India. Huge funds have also been arranged in USA to facilitate the achievement of the above said purpose. The petitioner who has only one child and is in advance stage really cherish and appreciate the noble aim and cause of his
