- (1.) The tenants are in revision against orders of the learned Courts below by which they have been asked to vacate the demised premises on the ground of personal necessity of the landlords.
(2.) The brief facts of the case are that the landlords filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short ''the Act''] against the tenants in respect of the demised premises, i.e. 3rd Floor of SCO No. 10, Sector 17-E, Chandigarh, inter alia, on the ground of personal necessity. The case set up by the landlords is that the demised premises was let out to one Harnek Singh who has been succeeded by his three sons (tenants herein). The landlords purchased the demised premises and became entitled to receive rent from the tenants w.e.f. 01.03.2000. The landlords are running their business in the same building under the name and style of M/s Empire Stores since 1964 which is being expanded from time to time as per the family requirement. The precise pleadings in respect of personal necessity are contained in para Nos. 9, 10 & 11 of the eviction petition which are reproduced as under: - 9. That as the family of Sh. R.R. Gulati is having members, who are active in the business and more members are going to be added in the business, therefore, it has been decided to expand the business of M/s Empire Store in SCO No. 10, Sector 17-E, Chandigarh. Recently, Mr. Ajay Gulati has completed his M.B.A. who is son of Sh. Jai Gulati and he will be joining the business of Empire Stores to be run in the entire SCO. Another son Aman of Sh. Jai Gulati is also coming back from America in April, 2001 after completing his higher studies to join the business of M/s Empire Stores in the SCO in question. It has been decided that M/s Empire Store will be running a complete Departmental Store in the entire SCO No. 10, Sector 17-E, Chandigargh. Therefore, the Petitioners requested all the tenants of the building to vacate their respective portions. The same request was also made to the Respondents but they have not taken any notice of the same. It is also important to mention that the Respondents are also occupying SCO No. 15, Sector 17-E, Chandigarh, in which the business of tailoring is being run and the premises in question are being used for the purpose of workshop and residence of the workers, which is also against the bye-laws made by the Chandigarh Administration under the Capital of Punjab (Development and Regulation) Act, 1952. On account of this violation, the building in question can be resumed by the Estate Officer at any moment. 10. That under these circumstances, the entire SCO in question is required by the Petitioners for the business of M/s Empire Stores as the space in their possession is insufficient to run the business of M/s Empire Stores properly. The accommodation in the said SCO is also suitable for the business of M/s Empire Stores, therefore, the Petitioners require the entire SCO for their personal use and occupation and the Respondents are liable to be evicted on the ground of personal requirement. 11. That the Petitioners do not own or possess any other commercial property except mentioned above and the Petitioners have neither occupied nor vacated any other commercial property within the urban area of Chandigarh, after the commencement of the Act, without any sufficient cause.
(3.) Besides the above, the landlords also disclosed the properties owned by the family of R.R. Gulati in different names in Chandigarh and beyond it, which are reproduced as under: - a) SCO No. 10, Sector 17-E, Chandigarh is owned by Sh. R.R. Gulati, Subhash Gulati, Jai Gulati, Amit Gulati and Anil Gulati. b) SCO No. 22/23, Sector 9-D, Chandigarh, is owned by M/s Leela Health Care and Research Hospital Limited with other 13 co-owners. c) Industrial Plot No. 58, Industrial Area, Phase-II, Chandigarh is owned by M/s Empire Stores, in which manufacturing activity is being done. d) Industrial Plot No. 88, Industrial Area, Phase-II, Chandigarh, is owned by M/s Leela Confectionery Pvt. Ltd. e) Industrial Plot No. 402 was owned by Sh. Anil Gulati and the same has been sold a month's back. f) Land measuring 12-1/2 acre out of which 3 acres are being used for running factory by M/s Empire Packages Limited. g) 2 Kanal plot in village Kishangarh, U.T., Chandigarh for Gas Go down owned by Sh. R.R. Gulati. h) Rented accommodation consisting of back side portion of SCO No. 36, Sector 26, Madhya Marg, Chandigarh used by M/s Empire Stores for its go down and the office of the Gas Agency known as M/s Shivalik Agencies.;