Kala @ Arshad Shah And Another vs Mohd. Boota Shahid
2023 Latest Caselaw 22423 P&H

Punjab-Haryana High Court

Kala @ Arshad Shah And Another vs Mohd. Boota Shahid on 20 December, 2023

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                                   Neutral Citation No:=2023:PHHC:164183




                                              2023:PHHC:164183
116-1 IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

                   1.CR-3662-2019 (O&M)

Kala @ Arshad Shah and another
                                               ....Petitioners
            Versus

Mohd. Boota
                                              ..Respondent

                   2.CR-3795-2019 (O&M)

Mohammad Hanif
                                               ....Petitioner
            Versus

Mohd. Boota
                                              ..Respondent

                                        Date of decision: 20.12.2023

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-   Mr. Arun Jindal, Advocate for the petitioner
            in CR-3662-2019
            Mr. Saqib Ali Khan, Advocate for the petitioner
            in CR-3795-2019
            Mr.K.B.Raheja, Advocate for the respondent

ANIL KSHETARPAL, J (Oral)

1. By this orders two connected revision petitions i.e. CR-

3662-2019 and CR-3795-2019 shall stand disposed of.

2. The petitioner herein is a tenant, who has been ordered

to be evicted by the Rent Controller, which in appeal, has been

affirmed by the appellate authority.

3. Heard the learned counsel representing the parties at

length and with their able assistance perused the paper book

alongwith the requisitioned record.

1 of 3

Neutral Citation No:=2023:PHHC:164183

CR-3662-2019 (O&M) and other connected case 2 2023:PHHC:164183

4. Learned counsel representing the petitioners contends

that in the year 2012, the original owner, namely, Reham Din

received an advance rent for a period of 5 years and, therefore, the

petition filed on 27.05.2013 was not maintainable.

5. On the other hand, the learned counsel representing the

respondents submits that the original owner, namely, Reham Din

had orally made a gift of the property to the respondent, which was

subsequently reduced into a writing by executing a memorandum of

oral gift dated 09.11.2012. He submits that once Reham Din had

gifted the property to the respondents, he had no locus to receive the

rent for the same.

6. Be that as it may. The total payment of rent was made

for 5 years in the year 2012 which was upto the year 2017. Now, we

are in the month of December, end of calendar year 2023. Both the

Courts have ordered eviction of the petitioner on the ground that the

landlord alongwith his son, namely, Siraj Ali bonafidely require the

two adjoining shops for selling the fruits and vegetables.

7. Learned counsel representing the petitioner further

contends that the courts have erred in ordering the petitioners'

eviction without discussing the merits of the case. He submits that

courts have referred to a few judgments passed by the Supreme

Court and, thereafter, passed the order.

2 of 3

Neutral Citation No:=2023:PHHC:164183

CR-3662-2019 (O&M) and other connected case 3 2023:PHHC:164183

8. This Court has considered the submissions made by the

learned counsel representing the parties.

9. From a careful perusal of the judgment of the First

Appellate Court, it is evident that in para 11 of the judgment, the

appellate authority has discussed the merits and found that the

requirement of the landlord and his son is genuine. Moreover, the

scope of interference in the revision petition is limited in view of the

judgment passed by the Five Judge Bench of the Supreme Court in

Hindustan Petroleum Corporation Limited vs. Dilbahar Singh'

(2014) 9 SCC 78

10. Keeping in view the aforesaid facts, no ground to

interfere is made out.

11. Hence, dismissed.

12. All the pending miscellaneous applications, if any, are

also disposed of.

20.12.2023                                   (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :      Yes/No
Whether reportable :             Yes/No

Neutral Citation No:=2023:PHHC:164183

3 of 3