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

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Four civil revision petitions were filed by the tenant M/s R.D. Sales Corporation against the landlord Anoop Singh Gill, all arising out of ejectment proceedings concerning Shed No.433-A, Industrial Area, Phase-II, Chandigarh. The demised premises were originally allotted to Smt. Swaraj Katari by the Chandigarh Small Industries Department Corporation Limited, who thereafter executed an agreement to sell, irrevocable general power of attorney, affidavit, and Will in favour of the respondent-landlord. The landlord instituted a rent petition seeking ejectment of the tenants on grounds of change of user, material impairment of value and utility, the premises being unfit and unsafe for human habitation, and bona fide necessity.

The tenants resisted the ejectment petition on the ground that the respondent had not acquired valid ownership through the agreement to sell, power of attorney, and Will, as such documents were insufficient to transfer ownership rights. The tenants also contended that they had been paying rent directly to Smt. Swaraj Katari through account payee cheques and had never been duly informed to pay rent to the petitioner-landlord. They further denied the allegations of change of user and material impairment of the premises.

The Punjab-Haryana High Court, hearing all four revision petitions together as they involved the same parties and the same demised premises, proceeded to decide the common questions of law and fact arising out of the proceedings before the Rent Controller, Chandigarh under the East Punjab Urban Rent Restriction Act, 1949.

Catchwords: tenancy ejectment rent petition bona fide necessity change of user material impairment power of attorney agreement to sell East Punjab Urban Rent Restriction Act landlord-tenant relationship industrial premises Chandigarh