Dr Lal PathLabs evicted from Chandigarh shop over rental dues
Dr Lal PathLabs and Diagnostic Centre was evicted from a shop in Sector 11-D here on Monday following a court order. The centre had failed to pay rental dues to the tune of over Rs 1.50 crore to the owners of the property.
The court of Civil Judge Senior Division had issued the warrant of possession to bailiff on July 4 and the possession of the property was handed over to the owners by the bailiff today.
Earlier, in its order dated April 16, the Rent Controller had directed the tenants to hand over the vacant possession of the premises to the landlords within two months.
Gundip Chawla, and Jugpreet Singh Chawla, the owners of SCO 30 in Sector 11, had filed a suit against Yomed India, through its proprietor Dr Lal PathLabs and Diagnostic Centre. They had stated that the respondents were inducted as tenants in the entire SCO, except for roof rights, for running
the centre, vide lease deed dated January 23, 2023, for a period of nine years (till November 30, 2031). The initial monthly lease/rent was Rs 8 lakh, excluding GST, and it was to be increased by 6% every year.
They alleged that the respondents had not paid rent regularly, and there were dues from June 2024 at the rate of Rs 25,44,000 per month (i.e. three times of the last paid rent as per clause number 13 of the lease deed), which they (respondents) are liable to pay along with TDS or GST certificates.
The court observed that in a written statement, filed on behalf of the respondents, the tenancy has been admitted. The respondents claimed that there was no default on their part towards payment of rent till June 2024. They also claimed that they had no intention for non-payment of rent and had been making best efforts in making the payment.
After hearing the parties, the provisional rent was assessed and the respondents were directed to make a payment of Rs 1,01,62,937 as provisional rent, including interest and costs, vide an order dated March 13, 2025. The matter was adjourned to April 16 for making the payment of the provisionally assessed rent. However, on April 16, nobody turned up in the court on behalf of the respondents for the purpose of depositing the provisionally assessed rent.
“No further time could be granted to the respondents to deposit the provisional rent in view of well-settled law laid down by the Supreme Court of India in Rakesh Wadhawan case. Accordingly, the petition stood allowed and the tenants are directed to hand over the vacant possession of the demised premises within two months from the date of the order to the landlords, failing which the petitioners shall be at liberty to take the possession of the demised premises, as per law,” the court had stated.
When the respondents failed to hand over the possession of the property on June 16, the petitioners filed an execution petition through advocate Dinesh Goel. On the petition, the court issued the warrant of possession.
Chandigarh