- (1.) Petitioners herein have challenged the order of resumption dated 4.5.1995, passed by the Estate Officer, Union Territory, Chandigarh, and orders dated 11.5.2011 and 7.10.2012, passed by the Chief Administrator, Chandigarh and Adviser to the Administrator respectively, upholding the order of resumption.
(2.) The petitioners allege that House No.1278, Sector 21-B, Chandigarh was owned by Smt. Mahinder Kaur wife of late Shri Baldev Singh, who expired on 17.10.1988. Smt. Mahinder Kaur had executed a Will dated 4.2.1988, bequeathing the said house to the petitioners who are the son and grandson of late Smt. Mahinder Kaur. After the death of Smt. Mahinder Kaur, the house was transferred in favour of the petitioners on 20.2.1990. Both petitioners are living in Canada since 1990. The mother of petitioner no.1 Smt. Mahinder Kaur had inducted tenant Shri Suresh Mehrotra, vide a lease deed dated 10.3.1978. Subsequently, Shri Mehrotra shifted to Delhi and Mr. Anil Sharma started using the premises for the office of a Chartered Accountant without the consent of the petitioners. The ground floor was let out to Shri M.V. Samuel for his residence vide a lease deed dated 18.9.1979, who sublet the said premises to Shri Vinod Chadha who started running a printing press in the name and style Neo Print India. Again this subletting was done without the consent of the petitioners. The Estate Officer Chandigarh passed an ex-parte order of resumption dated 4.5.1995 for misuse of the said premises. It is alleged that the petitioners were never served a copy of the show cause notice before the resumption orders were passed. It is submitted that they were living in Canada at that time. It is the tenants themselves who challenged the order of resumption by filing CWP No.7020 of 2005 and CWP No.5509 of 2005. The same were dismissed. The review applications filed numbered as RA No.137 of 2006 in CWP No.5509 of 2005 and the RA No.136 of 2006 in CWP No.7020 of 2005 were also dismissed by the Hon'ble High Court on 29.5.2006. Special Leave Petitions filed against the said orders were also dismissed by the Hon'ble Supreme Court of India.
(3.) The petitioners filed two eviction petitions against the tenants in the year 1999 under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 on account of change of user and subletting. The tenant, who was running printing press, handed over vacant possession to the petitioners on 20.12.2006. Eviction orders were passed against tenants Shri Suresh Mehrotra and Anil Sharma by the Appellate Authority on 8.12.2010. It was only on 10.7.2010 that the petitioners became aware of the resumption proceedings. Immediately thereafter, an appeal is filed against the order of resumption which stands dismissed by the Chief Administrator. Subsequently, the revision was also dismissed by the Adviser to the Administrator. In the meantime, the Hon'ble High Court in C.R. Petition No.947 of 2011 titled as Anil Sharma vs Gurinder Singh and others ordered eviction of Shri Anil Sharma upholding the orders passed by the Appellate Authority.;