Non-disclosure of a previous eviction petition does not amount to concealment if the outcome does not impact the present eviction petition. Landlords can seek eviction from premises they exclusively own, despite owning a share in another property. Landlords are not required to disclose the precise nature of the business to be set up in the premises.

JUDGMENT

Harkesh Manuja, J. (Oral) - By way of present revision petition, challenge has been laid to the judgments dated 06.03.2019 and 03.08.2021 passed by the Rent Controller and the Appellate Authority, Chandigarh, whereby, an eviction order has been passed against the petitioner from the tenanted premises i.e. semi-industrial shop No.40, Sector-15 D, Chandigarh, upholding the bona fide need of respondents No.2 and 3.

2. Briefly stating, the tenanted premises comprised of semi-industrial shop no.40, Sector 15-D Chandigarh besides 20% share in the Industrial Shed No.73, Industrial Area, Phase-I, Chandigarh were originally owned by Smt. Gurbinder Kaur wife of Harmohinder Singh. Earlier on 11.05.2007 a rent petition was filed at the instance of Smt. Gurbinder Kaur against the present petitioner seeking eviction on the ground of her personal necessity as well as the necessity of her daughter-in-law namely Paramjeet Kaur for wanting to set up an embroidery centre besides on the grounds of arrears of rent. The said eviction petition was dismissed by the Rent Controller vide judgment dated 02.05.2012. The same was even upheld by the appellate Authority vide its decision dated 28.03.2014 thereby non-suiting Gurbinder Kaur for having concealed and suppressed material facts besides holding that the bona fide need of Paramjeet Kaur was not made out.

3. Immediately thereafter on 12.06.2014, a transfer deed based on family settlement was executed by Gurbinder Kaur in favour of her son, namely, Jatinder Singh vide which the tenanted premises as well as the 20% share of the industrial plot were recorded in his name. The same was even acknowledged by the estate office on 30.01.2015. Based on the aforesaid family transfer, rent petition No.144 dated 27.02.2015 was filed against the petitioner at the instance of said Jatinder Singh while claiming himself to be the owner-landlord pleading his own bona fide need. Unfortunately, during pendency of the eviction petition, Jatinder Singh expired on 12.05.2018 resulting into impleading of respondents being his successors followed by an amendment of the rent petition seeking eviction on account of bona fide need of his widow Paramjeet Kaur and the elder son Samyukt Singh. Relevant para number 3(i) from the amended eviction petition is reproduced hereunder:-

'3. That the respondent is liable to be evicted from the premises in question describable as Semi Industrial Shop No.40, Sector 15-D, Chandigarh on the following grounds:-

(i) That the premises in question describable as Semi Industrial Shop No.40, Sector 15-d, Chandigarh is required by the petitioner Nos.2 and 3 i.e. Smt. Parmajit Kaur, widow of late Sh. Jatinder Singh and Samyukt Singh son of late Shri Jatinder Singh for their bona fide personal use and occupation. It is stated that the petitioner No.2 is an educated lady whereas petitioner No.3 is unemployed. The petitioner Nos.2 and 3 will set up their business in the premises in question. The premises in question is located at a most vantage position in the busy market of Sector 15, Chandigarh, which is considered as a business hub with lot of business avenue. The setting up of the business by the petitioner Nos.2 and 3 in the premises in question shall provide gainful employment to petitioner No.3 who is employed(?) and will also give an opportunity to his mother i.e. petitioner No.2 to concentrate her energy in business rather than sitting at home and going into depression because of the death of her husband late Sh. Jatinder Singh. The business to be set up by petitioner Nos.2 and 3 shall also augment the income of the family. The premises in question is, therefore, required by the petitioner Nos.2 and 3 for their bona fide personal use and occupation. Hence this petition."

4. The amended Eviction petition was filed on 16.08.2018. In response, the amended written statement was filed on behalf of petitioner-tenant while raising objections about concealment of dismissal of the previous petition f