Anil Kumar Kaushik vs Mohinder Kaur

R.L. Anand, J.—Heard.

Though the learned counsel for the petitioner tried to convince me that the need of the respondents/landlords is not bona fide as they had sufficient accommodation at their disposal. It was also stressed by Mr. Bhalla that the respondents/landlords consist of three members at the most and they had three bed-rooms at their disposal and in these circumstances the landlords called upon the Rent Controller that they want to live like a Maharaja.

I have considered the above contention raised by the learned counsel for the petitioner and am not in agreement with the same. The bona fide need has to be seen from the landlord''s point of view and not from the tenant''s point of view. In the present case, there are only three living rooms. The landlords have two sons. In these circumstances, it cannot be said that the landlords are asking for the sky.

Faced with this difficulty, the learned counsel for the petitioner submitted that in the modern time it is difficult to get a rented accommodation in the city like Chandigarh and, therefore, the tenant may be given sometime so that he may be able to vacate the demised premises by actually handing over the possession of the same to the landlord.

The submission made by the learned counsel for the petitioner requires sympathetic consideration. In the modern times no owner of the property is going to induct a tenant especially in a city like Chandigarh and some reasonable time must be given to the petitioner so that he may be able to get an alternative accommodation. In this view of the matter, this petition is hereby dismissed. However, the petitioner is granted one year time to vacate the demised premises. He shall give an undertaking within one month before the Rent Controller that the demised premises are in his possession and he shall not hand over the possession of the same to any body else but to the landlords. If the said undertaking is not given within one month, it will always be open to the landlords to get the possession of the premises through a court of law.