Court orders eviction of Trendsetters from SCO in Sector 17, Chandigarh

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, November 9

Member of Parliament Kirron Kher’s sister Kanwal Thakar Singh has won a legal battle against tenants with Mayank Marwaha, Rent Controller, Chandigarh, ordering M/s Trendsetters, M/s Dullah House, M/s Davinder S Jaaj and Co., Chartered Accountants, and others to be evicted from the tenanted premises, SCO No. 18 in Sector 17 here.

The Rent Controller has directed the tenants to hand over the tenanted premises within a period of one month from the date of order failing which the petitioner will be at liberty to approach the court to take the vacant possession of the tenanted premises, in accordance with law.

Kanwal Thakar Singh, a resident of House Number 65, Sector 8-A, Chandigarh, has filed a rent petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949, as extended to the Union Territory, Chandigarh, for the ejectment of the tenants from the first floor, ground floor and mezzanine floor of shop-cum-office number 18, Sector 17-E, Chandigarh.

In the petition, Kanwal said the SCO was initially owned by Col Thakar Singh, son of Capt Dyal Singh; Diljit Kaur, wife of Col Thakar Singh; and Amardeep Singh, son of Col Thakar Singh, all residents of House No. 65, Sector 8-A, Chandigarh. Subsequently, Diljit Kaur and Col Thakar Singh transferred one-third share and one-sixth share respectively (a total of 50% share) of the SCO in favour of the petitioner and her sister namely Kirron Kher, i.e. 25% each, in the SCO through registered transfer deeds on September 21, 2007.

Subsequently, the Estate Officer, UT, Chandigarh, mutated the said 50% share in respect of the SCO in favour of the petitioner and her sister Kirron Kher on October 4, 2007, and therefore, the petitioner is one of the owners and landlord of the SCO.

She said her husband migrated to the US after acquiring a degree in engineering from Panjab University in 1977 and had worked with IBM for more than 25 years. After her husband’s retirement, she and her husband have decided to settle in Chandigarh permanently where the petitioner also owns a substantial share in House No. 65, Sector 8-A, Chandigarh. The petitioner and her husband have decided to settle in Chandigarh and to set up a business for sale of computer systems, as well as run a computer software development and training centre on the ground floor and mezzanine floor.

She said she was a gold medallist in MA History from Panjab University and was a sports woman of international repute. Before her marriage, she had represented India in international events and played badminton in the Commonwealth Games and the Asian Games, and is an Arjuna Award holder.

She stated that she had also decided to set up a health centre-cum-gymnasium-cum-spa on the entire first, second and third floors of the SCO with the latest equipment and training techniques so as to create a sense of good health, well-being and healthy stress-free living among youngsters.

The counsel for the respondents argued that the need of the petitioner couldn’t be termed as bona fide since she had not examined her husband for whom she was seeking eviction.

But the Rent Controller found no merit in the arguments and said this argument of the counsel for the respondents did not inspire the confidence of this court. The Rent Controller said the petitioner had successfully established her bona fide personal necessity and her status as an NRI. In view of this, the respondents are ordered to be evicted from the tenanted premises.

Petitioner plans health centre at SCO

The petitioner, Kanwal Thakar Singh, stated that she had decided to set up a health centre-cum-gymnasium-cum-spa on the entire first, second and third floors of the SCO with the latest equipment and training techniques so as to create a sense of good health, well-being and healthy stress-free living among youngsters.