VINOD K.SHARMA, J - (1.) THIS revision petition under section 15(5) of the East Punjab Rent Restriction Act, 1949 (for short the Act) is directed against an interim order passed by the learned appellate authority on 14.4.2008 vide which the stay application moved by the petitioner was allowed subject to condition of the tenant/petitioner depositing the mesne profit at the rate of Rs. 1 lac per month w.e.f. 20.2.2008 during the pendency of appeal on or before 10th of each month. The petitioner/tenant was also directed to deposit all the arrears of rent from the date due or from the date of filing of the ejectment petition till 19.2.2008 at the agreed rate if not paid by it during the pendency of eviction petition before the learned Rent Controller. Order was directed to be complied with within a period of one month.
(2.) THE petitioner is a tenant in half of the ground floor of SCO No. 814 situated at Chandigarh Kalka Road, Manimajra, Union Territory, Chandigarh measuring approximately 1000 sq.ft. The other half portion of the ground floor of the said shop is in possession of another tenant. It is the case of the petitioner that the shop in dispute was orally let out to the petitioner/tenant on 1.2.1991 at the rate of Rs. 62,000/- per annum which was later increased to Rs. 72,000/- per annum. In the year 1995 respondent/landlords sought eviction of the tenant and got possession of first floor of SCO No. 814 from the tenant therein. In the year 1996, respondent-landlords filed eviction petition against the petitioner on the ground of non-payment of arrears of rent which was followed by a series of similar ejectment applications on the same ground of non- payment of arrears of rent. Out of the said petitions, five petitions are still pending and the petitioner/tenant filed a counter claim for refund of excess tender made in those petitions.
(3.) ON 31.3.1997, the respondent-landlords filed present eviction application on the ground of non-payment of arrears of rent w.e.f. April, 1996 and also on the ground of bona fide personal necessity claiming that the property was required for running a Nursing Home and Clinic and Diagnostic Centre.;