Civil Revision No. 1165 of 2010 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1165 of 2010 Date of decision : 23.2.2010 M/s Pace Enterprises and another ....Petitioners Versus Harshwardhan Data and others Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. R.A.Sheoran, Advocate for the petitioners S. D. ANAND, J. The petitioner-tenant is in revision against the finding recorded by the learned Appellate Authority upholding the plea of personal necessity raised by the landlord-respondent. The finding recorded by the learned Appellate Authority is in affirmation of a similar view obtained by the learned Rent Controller. Learned counsel, appearing on behalf of the petitioner herein, argues that the joint Hindu family of which the respondent-landlord is a member, owns a number of other properties at Rewari and Gurgaon and that fact validly impedes the grant of the impugned ejectment decree in their favour. In that context, the learned counsel relies upon the statement made by AW-4 Alok Data, a son of respondent-landlord Anand Sarup Data (photo copy of the testimony was made available to this Court at the time of presentation.). It is apparent, from a perusal of the cross-examination directed at Alok Data AW-4, that he had made a categorical statement that Civil Revision No. 1165 of 2010 -2- *** the LML show room is not functional for the last about 2/3 years and that the family is not running any Honda scooter service centre for the last about two years. He also stated that service centre aforementioned was functional only for a period of 6-8 months. Though, it can not be disputed that the respondent-landlord Anand Sarup did concede, as correct, a suggestion that his son Alok Data had interest income, that fact is not sufficient to negative the ejectment plea. He did otherwise concede that respondent Harshvardhan Data runs a Chemist shop at Rewari. That statement of his does not hurt the personal bonafide need plea raised by the respondent-landlord who had made a precise averment that the premises are required for use by Alok Data and Prashant Data, the latter being a grand son of Harshvardhan. Even if the other members of the joint family are running a business, it does not debar the unemployed member of the family from raising a claim for ejectment of the tenant from the tenanted premises on a plea that they require it for running a departmental store which would seem to be a fairly lucrative venture especially in view of its locational placement in the area of Model Town, Rewari, which is, by all means, an upcoming town in terms of the business opportunities and potential. Learned Rent Controller and learned Appellate Authority recorded detailed and acceptable reasoning in support of the finding upholding the plea of personal necessity raised by the respondent- landlord. Para 24 of the judgment rendered by the learned Appellate Authority is extracted hereunder for facility of reference:- “If the evidence of the petitioners – landlords is appreciated in the light of above referred judgments, there is no doubt left that the petitioners- landlords are the best judge to decide Civil Revision No. 1165 of 2010 -3- *** about the bonafide personal necessity of the demised premises and the present premises are required for starting of business of departmental stone by the family members being son and grandsons of the landlords. More by the statement of RW1 Chandveer, it is not established that this bona fide requirement is not genuine one and it is based on unfounded grounds. Hence, the findings of the learned Rent Controller regarding bona fide personal necessity of the landlords are valid and supported by reasons. Hence, the finding of the learned Rent Controller on issue No.1 are well reasoned and the same are hereby affirmed.” In the light of foregoing discussion, the petition is held to be denuded of merit and is ordered to be dismissed. The petitioners-tenants shall have two months' time from today to vacate the premises aforementioned. February 23, 2010 (S. D. ANAND) Pka JUDGE