Chandigarh court asks Sec 26 restaurant to vacate premises

The petitioner, Harish Batra, 58, a resident of USA, sought eviction orders of the respondent from the ground floor, basement and full backyard. The eviction of shop-cum-office number 6, Sector 26, Chandigarh had been sought.

[related-post]

The landlord and owner of ground floor, basement and two backyard was purchased by the petitioner from Vinod Malhotra on December 20, 2007 to the tune of 50 per cent of the share. Since the petitioner was not in India at that time, sale deed was executed through his brother Om Parkash Batra. The property was thereafter transferred in favour of Harish Batra by Estate Office in January 2008. It was mentioned in the petition that prior to effecting sale by Vinod Malhotra, they had rented out the demised premises in favour of respondent through its managing partner AB Singh through a registered rent deed in February 2005.

Harish Batra further claimed that he was never informed about any other partner than AB Singh in the said rent deed as the execution of rent deed was in favour of respondent through its Managing Partner. In short, he didn’t know about any partner of company Hot Millions. The term of lease was fixed at 10 years from February 2, 2005 to February 28, 2015.

The petitioner claimed that now he wanted to occupy the said building as he intended to start a business and settle in Chandigarh.

In its reply, the respondents said they were interested to increase the term of lease by 10 years. The respondent claimed the Act under which the petition was filed was not applicable in Chandigarh.