POONAM KALIA W/O SRI VIJAY KALIA Vs. DEEP SUNEJA S/O SRI CHANDRA BHAN SUNEJA
LAWS(UTN)-2013-7-153
HIGH COURT OF UTTARAKHAND
Decided on July 16,2013

Poonam Kalia W/O Sri Vijay Kalia Appellant
VERSUS
Deep Suneja S/O Sri Chandra Bhan Suneja Respondents

JUDGEMENT

- (1.) By means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the judgment and order dated 6-2- 2010 passed by Prescribed Authority/Civil Judge (S.D.) Rishikesh, Dehradun in P.A. Case No. 2 of 2008, Deep Suneja vs. Vijay Kalia, as well as the judgment and order dated 19-7-2011 passed by Addl. District Judge, Rishikesh in Rent Control Appeal No. 33 of 2010,. Smt. Poonam Kalia vs. Deep Suneja and others.
(2.) Brief facts of the case giving rise to this writ petition are that Deep Suneja respondent here, filed release application U/S 21 (1) (a) of Act No. 13 of 1972 against Vijay Kalia, alleging therein that Vijay Kalia is tenant on disputed property on monthly rent. The family of landlord is comprising of landlord himself, his wife, a son and a daughter. Son Onil Suneja aged 22 years has completed his study of graduation of commerce from America in June 2009 and he wants to do his own business and there is no other accommodation to open the business except the disputed shop and the disputed shop is bonafidely needed by the applicant.
(3.) The tenant filed objection before the Prescribed Authority and admitted himself to be tenant in disputed property. He alleged that the landlord has no bonafide need of the disputed accommodation. He also alleged that he has no other accommodation where he runs dealership of Hero Honda along with his sons. Rather his sons run separate work of service and sale of Hero Honda Gen Sets. There is a shop in the possession of landlord towards the west of disputed shop from the year 1973. If the landlord wants to settle his son in the 2 business he can very well settle him in the shop adjacent to disputed shop which was earlier in the tenancy of the opposite party and now is vacant. The opposite party is running his business in the name and style of Jai Scooter from last 35 years and he would be put to greater hardship if the shop is released in favour of landlord.;


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