- (1.) Challenge in the present revision petition, filed by the petitionertenant, under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short, the 'Act') is to the order dated 07.02.2011, whereby the application, filed under Order 6 Rule 17 CPC for amendment of rent petition, has been allowed by the Rent Controller, Chandigarh. The reasoning given by the Rent Controller is that though the affidavit had been tendered in evidence but the cross of the witness was yet to be conducted by counsel for the tenant and since the eviction was for personal necessity and for adjudging the necessity to be a bona fide and genuine, maximum facts should have been brought on the file. The amendment was explanatory in nature and in addition of the facts and no injustice would be done to the respondent in any manner and no serious prejudice would be caused to him. The costs of Rs. 2500/- were, accordingly, imposed, 50% of which were to be paid to the petitioner-tenant to compensate him.
(2.) A perusal of the paperbook would go on to show that the rent petition, filed on 12.06.2007 (Annexure P1) under Section 13 of the Act, for the ejectment of the petitioner-tenant from the ground floor portion (left hand side) which consisted of one hall and 1000 sq.ft. with open space on back portion of the side hall which is part of SCO No.26, Sector 26, Chandigarh. The rented portion had been shown with red colour in the site plan. It had been alleged in the eviction petition that vide the registered lease deed dated 22.01.1998, the premises had been leased out for a period of 5 years, at an initial monthly rent of Rs. 30,250/- with enhancement clause of 10% every year from 01.02.1999. The lease was to expire on 31.01.2003 and as per the terms, a new lease was to be executed and if not, there was an increase clause and as per the increase clause, amounts were claimed in the rent petition to set up the ground for arrears of rent. The requirement for personal use and occupation was set up on the ground that the petitioners, who were doing business jointly under the name and style of M/s K.L.Grover and Company, required the premises since they have been running the business under the name and style of M/s Punjab Iron Store, since 1971 from the premises of SCO No.10-A, Sector 7-C, Madhya Marg, Chandigarh under the control and care of applicants No.1 & 2, in the rent petition. It was pleaded that there was an alternative point of sales godowns for G.I. & M.S. pipes in plot No.51, Industrial Area Phase-II, Chandigarh since the year 1995 and the business was also being run from the said premises. However, on account of restrictions imposed by the U.T. Administration and on account of notice dated 02.03.2007, issued under Rule 20 of the Chandigarh Leasehold of Sites and Buildings Rules, 1973, carrying on trade in G.I & M.S. pipes was not legal. It was submitted that they had slowed and closed down the business in the Industrial area and the petitioners wanted to shift the entire business to other suitable and permissible place. The ground floor of the rented premises could be used for the said trade and therefore, there was a requirement of the said premises for personal necessity. It was further alleged that the family of the applicants No.1 & 2 were sons of Late Shri K.L.Grover and required the said premises for their own personal use and occupation. The said applicants owned SCO Nos.2465-2466, Sector 22-C, Chandigarh, which were under tenancy with three different tenants but the area of the premises did not suit the petitioners for smooth running of the business, being too small and the rented premises were the only such place and that there were three different tenants in the said premises and one tenant, M/s Shah & Company had already vacated his tenanted premises and the other tenant, M/s Surya Laminates had assured to hand over vacant possession. Accordingly, a request had been made to the petitioner-tenants also who are having their own commercial property at Plot No.426, Industrial Area-II, Chandigarh, but they were creating problems in the smooth running of the business of the applicants and withholding the payments of arrears of rent and also not vacating the demises premises. Accordingly, ejectment was sought on the grounds of arrears of rent and for personal use and occupation.
(3.) In the written statement filed, the defence of the tenants was that the applicants were in possession of many properties within the urban area of Chandigarh and the intention was not fair and an attempt to get the same let out at a higher rent. The main portion of the SCO was in possession of the landlords which fact had been concealed and the rent was being paid at the mutually agreed rate of Rs. 40,263/- per month upto April, 2006. After that, they had refused to accept rent. The averments that there was an agreement between the parties to make payment as per revised rates after expiry of the lease deed was denied. Details of the nine different properties, owned by the landlords which was in their possession was given. It was alleged that the petitioners were partners in several firms and had not received any notice dated 02.03.2007 from the Chandigarh Administration, as alleged and were owners of huge business empire. The U.T. Administration had made a policy that the plot owners can, after payment of requisite fee, get the trade changed in the Industrial Area, Chandigarh and the petitioners had already applied for changing of trade and were raising construction in the said plot and there was no threat of cancellation, as alleged. It was submitted that the petition was not bona fide.;