JASPAL KAUR CHEEMA AND ANR. Vs. M/S INDUSTRIAL TRADE LINKS AND ORS. ETC.
LAWS(SC)-2017-7-61
SUPREME COURT OF INDIA
Decided on July 03,2017

Jaspal Kaur Cheema And Anr. Appellant
VERSUS
M/S Industrial Trade Links And Ors. Etc. Respondents

JUDGEMENT

S.ABDUL NAZEER,J. - (1.) Leave granted.
(2.) The appellants herein filed eviction petition against the respondents for their eviction from an area of 200 sq. ft. on the ground floor of Industrial Shed No. 93, Industrial Area, Ram Darbar, Phase-II, Chandigarh (hereinafter referred to as 'the premises') under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), on the ground of personal necessity. The respondents filed the written statement opposing the eviction petition. After conclusion of the evidence of the appellants, the respondents led their evidence. At this stage, respondents moved an application seeking amendment of the written statement for adding the plea that the appellants are not the owners of the premises and that the sole proprietor of the premises was Smt. Raj Nanda and that the eviction is not sought for the bona fide necessity of Smt. Raj Nanda. The appellants are mere attorneys and that they have projected their own necessity to get the premises vacated from the respondents.
(3.) The Rent Controller dismissed the application vide order dated 25.07.2013. The respondents challenged the said order by filing Civil Revision Petition Nos. 3684/2014, 6638/2013 and 7299/2013 in the High Court of Punjab and Haryana. The High Court vide common order dated 21.02.2015 set aside the order of the Additional Rent Controller and allowed the amendment application. The appellants have challenged the legality and correctness of the said order of the High Court in these appeals.;


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