M/S R.D Sales Corporation And Anr vs Anoop Singh Gill

Headnote AI-drafted · Editorially reviewed

Four revision petitions arose out of ejectment proceedings initiated by the landlord before the Rent Controller, Chandigarh, under Section 13 of the East Punjab Urban Rent Restrictions Act, 1949, against the tenant M/s R.D. Sales Corporation, in respect of an industrial shed at Shed No. 433-A, Industrial Area, Phase-II, Chandigarh. The landlord claimed rights through an agreement to sell, irrevocable general power of attorney, affidavit, and Will executed by the original allottee Smt. Swaraj Katari in his favour, and sought ejectment on grounds of change of user, material impairment of value and utility, the premises being unfit and unsafe for habitation, and bona fide personal necessity.

The tenant resisted the petition challenging the landlord-tenant relationship, contending that the respondent had no locus standi to file the ejectment petition as the original landlady had consented to commercial use and that the sale through agreement to sell, power of attorney and Will was legally impermissible for conferring ownership or landlord status. The tenants also asserted that all rent had been paid to Smt. Swaraj Katari through account payee cheques until July 2015, and denied receipt of any notice to attorn in favour of the respondent.

The High Court disposed of all four revision petitions together, examining the validity of the landlord's claim to maintainability of the rent petition, the nature of documents relied upon for transfer of property rights, and the merits of the grounds of ejectment raised, including change of user, bona fide requirement, and non-payment of rent, in the context of the East Punjab Urban Rent Restrictions Act, 1949 and the Chandigarh Sale of Sites and Building Rules, 1960.

Catchwords: Rent revision ejectment East Punjab Urban Rent Restrictions Act 1949 landlord-tenant relationship agreement to sell irrevocable power of attorney Will change of user bona fide necessity material impairment non-payment of rent maintainability of rent petition attornment industrial premises Chandigarh