VINOD K.SHARMA, J. - (1.) M /s Bajaj Associates and others, the tenants of ground floor of SCO No. 25, Sector 26, Madhya Marg, Chandigarh have filed this revision petition to challenge the order passed by the learned Rent Controller as affirmed by the learned Appellate Authority, Chandigarh for their eviction from the demised premises.
(2.) THE respondent-landlords being owners of SCO No. 25, Sector 26, Madhya Marg, Chandigarh sought eviction of the petitioners on the plea that the tenanted portion is being used for the purpose of trading from the very beginning under the terms of the lease. The respondent-landlords are carrying on business under the name and style of M/s Kapoor Brothers Agency in the basement and ground floor of SCO 194-195, Sector 17-C, Chandigarh. Firm of the respondents i.e. M/s Kapoor Brothers Agency is having a Titan show room and deals with Titan watches and Tanishq Jewellery manufactured by Titan Industries Limited a company of Tata's. The respondent firm was also having a franchise of the said company and the products are being sold on the ground floor and basement of SCO Nos. 194-195, Sector 17-C, Chandigarh.
(3.) IN addition they also have franchise of Titan Industries Ltd. and Arvind Mills which manufacture Arrow shirts. Said company is running prestigious showrooms in India and abroad. In order to run a franchise of the said company proper decoration space, management, display and sale efforts are required from any dealer. The landlords claim that in these circumstances the ground floor is found to have been sufficient only for dealing with Titan Industries products i.e. watches and jewellery and for the sale of Arrow shirts manufactured by Arvind Mills. The business of paper and stationery required space for storage and sale and therefore, the space with the landlord was unsuitable for promoting and carrying on with the business like watches and jewellery and shirts etc. along with stationery business. The landlords were also the owners of SCO No. 25 Madhya Marg, Sector 26, Chandigarh and therefore, it has been decided to shift the business of paper and stationery from SCO Nos. 194-195 Sector 17C Chandigarh to SCO No. 25, Sector 26, Chandigarh.;