High Court Punjab-Haryana High Court

Bhupinder Kumar vs Champa Devi on 5 December, 2008

Punjab-Haryana High Court
Bhupinder Kumar vs Champa Devi on 5 December, 2008
CR No. 6761 of 2008                       1

          IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH


                               CR No. 6761 of 2008
                              Decided on : 05-12-2008

Bhupinder Kumar

                                                       ....Petitioner.


                                      VERSUS

Champa Devi

                                                       ....Respondent

CORAM:- HON’BLE MR JUSTICE MAHESH GROVER

Present:- Ms. Kiran Bala Jain, Advocate for the petitioner.

MAHESH GROVER, J

This revision petition is directed against the orders of the Rent

Controller dated 18.4.2007 and Appellate Authority dated 24.11.2008.

An ejectment petition was preferred by the respondent-landlady

against the petitioner on the following grounds:-

i) non-payment of rent from 1st January, 99 to 31st August, 2000.

ii) That there is nuisance being created by the petitioner.

iii)Shop is required for the personal use and occupation of the respondent-

landlady.

The Rent Controller framed the following issues:-

1) Whether the respondent is liable to be ejected on the grounds:-

a) that the tender made by the respondent is short for want of payment of

house tax?

b) That the petitioner, who is a widow requires the shop in dispute for her

bona fide and personal necessity?

CR No. 6761 of 2008 2

c) that the respondent is permanent nuisance for the petitioner.

2) Whether the present petition of the petitioner is not maintainable in its

present form?

3) Relief.

Since the rent and house tax etc. had been paid, so issue no.1

did not survive. The ground of nuisance was also not accepted by the

Courts below, as a result of which the only surviving ground was the ground

of bona fide requirement which was accepted and answered in her favour.

Learned counsel for the petitioner while assailing the findings

of the Courts below has contended that the bona fide need of the

respondent-landlady is not established as she is running a business from her

residential premises and has two sons out of whom, one is employed with

FCI, Delhi and the other one has been residing with his Aunt for the last 16

years.

No other point has been raised before this Court.

After hearing learned counsel for the petitioner and perusing

the impugned orders, I am of the considered opinion that the contention

raised by the learned counsel for the petitioner is not tenable. Whether the

need of the landlady is genuine or not has to be seen from the point of view

of the landlady. The tenant cannot dictate to the landlady that the need is

existing or not, even if the eviction causes hardship to the petitioner. The

Apex Court in case titled as ‘Sarla Ahuja versus United India Insurance

Company Ltd.’ 1998 (2) RCR 534 observed as follows:-

“Para 14. The crux of the ground envisaged in clause (e)

of Section 14(1) of the Act is that the requirement of the landlord for

occupation of the tenanted premises must be bona fide. When a
CR No. 6761 of 2008 3

landlord asserts that he requires his building for his own occupation

the Rent Controller shall not proceed on the presumption that the

requirement is not bona fide. When other conditions of the clause are

satisfied and when the landlord shows a prima facie case it is open to

the Rent Controller to draw a presumption that the requirement of the

landlord is bona fide. It is often said by courts that it is not for the

tenant to dictate terms of the landlord as to how else he can adjust

himself without getting possession of the tenanted premises. While

deciding the question of bona fides of the requirement of the landlord

it is quite unnecessary to make an endeavour as to how else the

landlord could have adjusted himself.”

The facts of the case reveal that the respondent requires the said

premises for the use of her two sons particularly for running a small

business of selling ‘pans’ and cigarettes. No infirmity has been shown to

have been committed in the impugned orders and consequently, the revision

petition being devoid of any merit is dismissed.

At this stage, learned counsel for the petitioner contends that

the petitioner is in occupation of the shop since 1997 and great prejudice

has been caused to him as he has three children who are college going and

are in the process of availing education of higher standards. Further pleads

that the petitioner is present in Court and is ready and willing to furnish an

undertaking that if some time is granted to him, he shall hand over vacant

physical possession of the demised premises to the respondent.

After hearing learned counsel for the petitioner on this aspect

of the matter, I am of the considered opinion that the prayer of the petitioner

deserves acceptance. Accordingly, the petitioner is granted one year’s time
CR No. 6761 of 2008 4

beginning from today onwards, subject to the condition that he will furnish

an undertaking before the Executing Court within one week from today to

the effect that he will hand over the physical, vacant possession of the

demised premises to the respondent on or before 31.12.2009. He shall also

clear the arrears of rent, if any, alongwith an undertaking and shall also

continue to pay rent regularly by the 7th of each month for the period as

specified in the order lasts. Any violation of the terms of the undertaking

shall result in the automatic vacation of the benefit of this order.

Copy of the order be given dasti.

December 5, 2008                                     (Mahesh Grover)
rekha                                                    Judge