MODERN CONSTRUCTION CO Vs. LT COL R K SAPRA
LAWS(P&H)-1990-6-22
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 07,1990

MODERN CONSTRUCTION CO Appellant
VERSUS
LT COL R K SAPRA Respondents

JUDGEMENT

- (1.) THE tenant has come up in revision petition against the order of the Appellate Authority, Gurgaon, dated November 23, 1987, affirming on appeal the order of the Rent Controller, Gurgaon, dated November 13, 1986 directing its ejectment from the demised premises.
(2.) THE facts: -The demised premises were owned by Iqbal Singh, Gurnam Singh and Inder Singh, who sold the same to the respondent (hereinafter referred to as the landlord) vide registered Sale Deed dated June 11, 1981. The landlord retired as Lt. Col. from the Armed Forces of the Union of India on December 15, 1981. He was a qualified Engineer. He required the demised premises bona fide for his own use and occupation for running his own business in electronic goods and for manufacturing Magnetic Tape drivers, etc. He got the project report prepared and was making efforts to get his unit registered as a small scale industry.
(3.) THE tenant controverted the allegations of the landlord, it was pleaded that the sale deed in favour of the landlord was not a genuine document. The demised premises which were consisting of two shops and store were taken by the tenant on rent under two different rent deeds on different dates. The rate of rent of one premises was Rs. 100/- including house-tax and Rs 50/- per month including house tax for the second. Since the tenancies were separate, the landlord had no bona fide requirement to get both the tenanted premises vacated. It was further pleaded that the landlord had been working in Naraina Industrial Complex, Delhi and the eviction petition had been moved for the benefit of the previous owners.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.