IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Harinder Singh Sidhu, J.
Ranjna Mahajan - Appellants
Versus
Chhavi Ahluwalia And Others - Respondent
Criminal Revision No. 2057 of 2017, 2058 of 2017
Decided On : 25-10-2018
Ejectment - East Punjab Urban Rent Restriction Act, 1949 - Section 13 - Summary of Acts and Sections: The court discussed the provisions of Section 13 of the East Punjab Urban Rent Restriction Act, 1949 and its application to the eviction petition. The court highlighted the requirement of bona fide need of the petitioners and the issue of partial eviction sought by the petitioners. The court also discussed the evidence presented regarding the tenancy and possession of the premises by the respondents. The interpretation of the Act influenced the court's decision on the bona fide need of the petitioners and the maintainability of the eviction petition.
Fact of the Case:
The tenants filed a revision petition against the order of the Rent Controller allowing the eviction petition filed by the landlords. The petitioners sought eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, claiming bona fide need for their business. The tenants contested the eviction, questioning the maintainability of the petition and the petitioners' bona fide need.
Finding of the Court:
The court found in favor of the petitioners, holding that they had proved their bona fide need for the premises and that the eviction petition was maintainable. The court also found that the barsati portion was not let out to the respondents, supporting the petitioners' claim for partial eviction.
Issues: The issues included the relationship of landlord and tenant, the petitioners' need for the premises, arrears of rent, and the maintainability of the eviction petition. The court also considered the possession of the barsati portion by the respondents and the petitioners' malafide intention.
Ratio Decidendi: The court held that the petitioners' bona fide need for the premises was genuine, and the eviction petition was maintainable. The court also concluded that the barsati portion was not let out to the respondents, supporting the petitioners' claim for partial eviction.
Final Decision: The court dismissed the tenants' petitions, upholding the eviction order in favor of the landlords.
JUDGMENT
Harinder Singh Sidhu, J. - This order shall dispose of two Civil Revisions, referred to above as they arise out of a common order of the Appellate Authority, Chandigarh, whereby, it dismissed two appeals filed by the tenants against the order of the Rent Controller. There were three tenants in the ejectment petition. They filed two separate appeals against the order of the Rent Controller which were disposed of by the impugned order.
2. The facts are being taken from Civil Revision No.2057 of 2017.
3. The tenants Ranjana Mahajan and Deepti Mahajan (widow and daughter of late Jeet Mahajan) have filed the present revision petition impugning the order dated 30.10.2014 of the learned Rent Controller, Chandigarh, whereby, the eviction petition filed by their landlords was allowed. Also challenged is the order dated 16.2.2017 of the Appellate Authority, Chandigarh, whereby, their appeal was dismissed.
4. In this order the landlords would be referred to as the 'petitioners' and the tenants as the 'respondents', as per their status in the eviction petition.
5. The petitioners had filed the petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') for ejectment of the respondents from the tenanted premises i.e. SCF No.20 (excluding its Barsati portion), Sector-11-D, Chandigarh. It was pleaded that one Hargian Singh Ahluwalia son of late Shri Daulat Ram was the owner of the said Shop-cum-Flat. He had let out the shop cum flat excluding the Barsati portion to Jeet Mahajan more than 35 years ago. Jeet Mahajan expired in 2008 leaving behind respondent No.1, his widow and respondents No.2 and 3, his daughters as his legal heirs. Hargian Singh Ahluwalia had three daughters and no son. His wife had expired long ago. His daughter Suchi Ahluwalia is married and settled in Pune. He died on 21.10.2008 leaving the two petitioners and their sister Suchi Ahluwalia as his only legal heirs and owners of the SCF in question. Both the petitioners are unmarried. Their father was initially a Transport Contractor. About three years before his death, he became bed-ridden due to some illness. During his life-time, he was living in a rented accommodation at Gurukul Kangri (Kankhal). He had no other residential or commercial property except his share in a dilapidated ancestral house at Safidon, District Jind. Petitioner No.1 is M.Com and petitioner No.2 is an M.B.A. After the death of their father the petitioners had no interest to live in Gurukul Haridwar. Their nearest relation is their father's elder brother, who is a practicing Advocate at Chandigarh. It was pleaded that the petitioners had decided to shift to Chandigarh to be close to their uncle. They had decided to set up a shop for the sale of books and periodicals and also set up a Consultancy Service. The rented premises being located in a posh sector was an ideal place for the intended purpose. It was also pleaded that the respondents were in arrears of rent.
6. The plea of the tenants-respondents was that the eviction petition was not maintainable as only partial ejectment had been sought by the petitioners. Ejectment of the respondents had not been sought from the Barsati on the top floor of the SCF, though it was a part of the tenanted premises and was in the possession of the respondents as tenants. The bona fide need of the petitioners was also questioned. It was stated that the petitioners only intended to increase the rent. It was pleaded that petitioners No.1 and 2 were of marriageable age, being aged about 27 and 28 years, respectively. They would soon get married and shift to their matrimonial homes. It was pleaded that petitioner No.1 was running a well-established private coaching centre at Haridwar. Petitioner No.2 was employed in the Managerial cadre in the ICICI Bank at Haridwar. Petitioners were also running a flourishing guest house in their building at Haridwar. Their maternal uncles along with their families were residing at Haridw
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