- (1.) This is tenants revision petition against the order dated 15.6.2001 of the Rent Controller Chandigarh ordering its eviction from the demised premises and the judgment dated 11.1.2002 of the Appellate Authority dismissing the appeal against the aforesaid order of eviction.
(2.) Shorn of unnecessary details, the petitioner was ordered to be evicted from the demised premises (commercial area measuring 660 Sq.ft on ground floor of SCO No. 55-56 Sector 17 Chandigarh) on the ground that the same is required by the respondent landlords for their personal use and occupation. The petitioner had challenged the aforesaid orders of eviction by way of instant revision petition. Noticing the contentions raised on behalf of the petitioner, this Court passed the following order on 8.3.2002 :- "Learned counsel for the petitioner cites a judgment of the Supreme Court in Shabir Ahmad v. Sham Lal and another, 2002 1 RCR(Rent) 306 and argued that the plea of personal necessity is available in respect of a property situated in Chandigarh only for residential building. The plea of personal necessity is not available in cases where it is a commercial building. Notice of motion. In the meantime, ejectment of the petitioner shall remain stayed. At this stage, Sh. Gurdev Singh, Advocate, accepts notice of motion and requests for some time to address the arguments. Adjourned to 6.5.2002. A copy of the order be given dasti".
(3.) Thereafter this appeal was admitted vide order dated 6.5.2002 which reads thus:- "Learned counsel for the petitioner has brought to the notice of this court that in the proceedings pending before the Hon'ble Supreme Court in Civil Appeal No. 2894 of 2001, one of the questions of law raised therein is identical to one of the questions raised in the present revision. Admitted. Dispossession stayed in the meantime. The Interim order staying dispossession of the petitioner-tenant is subject to the condition that all arrears of rent are tendered on or before 31.5.2002 and future rent is tendered in advance by the 7th day of every month. In case of a single default, the interim order shall stand vacated. The parties are at liberty to make an application for fixing the matter for hearing as and when the aforesaid civil appeal is decided by the Hon'ble Supreme Court". Respondent landlord filed C.M. No. 3166/CII of 2007 seeking listing of the case for final hearing on the ground that Civil Appeal No. 2894/2001, as referred to in the order dated 6.5.2002 had been decided by the Supreme Court in favour of the landlords. The said civil miscellaneous application was allowed vide order dated 25.1.2008 and the revision petition was set down for final hearing. However, the final hearing of the case could not taken place. The respondent-landlords filed another C.M.No. 14084/CII of 2010 for taking up of the case for hearing. The said application was also allowed vide order dated 26.5.2010 and the case was ordered to be listed for final hearing on 2.7.2010.;