ARVIND KUMAR, J. - (1.) THIS is tenant's revision directed against judgment dated 20.7.2000 passed by the Appellate Authority, Chandigarh, whereby he has been ordered to be ejected on the ground of personal necessity.
(2.) IN brief, the facts are that Raj Kumar, Krishan Kumar and Vijay Kumar (respondents herein) are owners and landlords of the shop No. 150, Old Ropar Road, Mani Majra, (UT) Chandigarh, having purchased the same vide sale-deed dated 10.5.1996 from its previous owners/landlords, namely, Gopal and Mohan Lal. Ashok Kumar (petitioner herein) is the tenant in the said premises of the previous owners/landlords. On purchase of the shop in dispute by the respondents, the said Ashok Kumar is tenant under them. Since the respondents required the shop in dispute for their personal use and occupation, they accordingly requested the appellant to vacate the same but the appellant- tenant refused to do so and further, did not pay the rent thereby falling in arrears of rent. This led to filing of an ejectment petition by the landlords against the tenant-appellant. Upon notice of the ejectment petition, the tenant put in appearance and filed written statement denying the averments made in the ejectment petition. It was alleged that the ejectment petition has been filed with an intention to get the shop vacated and to sell it at a higher price. Other pleas have also been taken including the one that his father had entered into agreement with the previous owner for which suit for specific performance is pending. It was further alleged that Krishan Kumar, landlord, owns a factory in Chandigarh which is manufacturing Almirahs. Replication too was filed by the landlords-respondents controverting the allegations made in the written statement and reiterating those in the ejectment petition. On the pleadings of the parties, issues were struck, whereafter, the parties led their respective evidence. Rent Controller on appreciation of the evidence so adduced, vide judgment dated 23.12.1999 dismissed the eviction application filed by the landlords against the tenant, claiming arrears of rent in respect of Shop No. 150, Old Ropar Road, Manimajra and on the ground of personal necessity, holding that both the grounds on which ejectment has been sought have not been proved by the landlords. Feeling aggrieved, the landlords preferred an appeal. The Appellate Authority, Chandigarh, on reappreciation of the evidence led by the parties to the lis, allowed the appeal of the landlords after setting aside judgment dated 23.12.1999 passed by Rent Controller, Chandigarh, on the ground of personal necessity of the landlords alone as the ground of non-payment of rent was not pressed by the landlords at the time of arguments. Accordingly, the appellate Authority directed the tenant to vacate the shop in dispute within two months failing which the landlords were at liberty to get the same vacated in accordance with law. It is against this judgment, the tenant has come up by way of present revision petition.
(3.) I have heard the learned counsel for the parties.;