[Civil Appeal No. 814
of 2012 arising out of SLP (C) No.28193/2010]
Ranbir Talib @ Ranbir
Satwant Singh Vs. M/S. Bhatia Gas
O R D E R
appeal has been preferred against the judgment and order dated 8th July, 2010
passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision
No.5081 of 2003 whereby the revision filed by the appellant has been dismissed by
the High Court.
appellant-landlady filed a petition under Section 13 of the East Punjab Urban
Rent Restriction Act, 1949 before the Rent Controller, Chandigarh, seeking
ejectment of the respondent-tenant from 229, Industrial Area, Phase-I, Chandigarh,
(hereinafter referred to as the demised premises). It was stated in the eviction
petition that the demised premises was required by the appellant for herself as
well as her husband and son. The Rent Controller allowed the petition for ejectment
on the ground of bona fide personal requirement and directed the respondent-tenant
to hand over the vacant possession of the demised premises to the
appellant-landlady within a period of three months from the date of the order.
by the order passed by the Rent Controller, the respondent-tenant filed an appeal
before the Appellate Authority, Chandigarh. By its Judgment dated 3.6.2003, the
Appellate Authority set aside the order passed by the Rent Controller. Reversing
the finding of the Rent Controller, the Appellate Authority held that the landlady
was not entitled for ejectment of the tenant from the demised premises on the ground
of personal necessity.
appellant-landlady filed a civil revision before the High Court of Punjab and Haryana
at Chandigarh. The High Court upheld the judgment of the Appellate Authority
and dismissed the revision. The appellant is, thus, before this Court challenging
the judgment and order passed by the High Court.
have heard the learned counsel for the parties and have perused the impugned judgment
as also the judgments of the Courts below.
the facts and circumstances of this case, we are of the considered view that the
Appellate Authority committed serious error in reversing the finding of bona fide
personal necessity arrived at by the Rent Controller on the basis of cogent evidence
on record. Consequently, the impugned judgment and order of the High Court affirming
the judgment of the Appellate Authority cannot be sustained.
the impugned judgment of the High Court as also the judgment of the Appellate Authority
are set aside and order passed by the Rent Controller is restored. The appeal is
allowed. The parties are directed to bear their respective costs.
as prayed for by the learned counsel for the respondent, two years' time is granted
to the respondent to vacate the demised premises upon filing usual undertaking in
the Registry of this Court within four weeks from today.