OM PRAKASH Vs. SURESH KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the judgments and orders dated 12.5.2016 in Civil Revision No. 227/2015 and 24.8.2016 in Review Petition No. 65/2016 passed by the High Court of Himachal Pradesh at Shimla (for short, 'the High Court').

(3.) The facts very briefly are that the appellant being owner of the premises having three rooms with one veranda, admeasuring 36.53 square meters situated in Ward No. 6, M.C. Area, near Sabji Mandi, Up Mahal, Hamirpur, Himachal Pradesh (for short, "the suit premises"), had inducted the father of the respondent as its monthly tenant in the year 1969 to use it for nonresidential purpose and the respondent was in occupation thereof when the appellant filed eviction proceedings before the Rent Controller for possession. The respondent, at the relevant time, was carrying on business as cloth merchant in the suit premises. The Rent Controller vide order dated 28.11.2013 decreed the suit directing eviction of the respondent from the suit premises on the ground that the suit premises was required bonafide by the appellant for the purpose of reconstruction, which could not be carried out without vacating the same followed by demolition thereof. That decree was confirmed by the appellate Court, against which civil revision being C.R. No. 227/2015 came to be filed before the High Court. During the hearing of the said petition, the learned counsel for the respondenttenant had urged before the High Court that the tenant was ready and willing to handover possession of the suit premises subject to the landlord (present appellant) agreeing to reinduct him as tenant in equivalent area occupied by him in the suit building. In response to the said submission, the learned counsel appearing for the present appellant, unequivocally, stated before the High Court that the appellant was not averse to the offer so made by the tenant. That statement has been recorded by the High Court and on that basis the civil revision came to be disposed of in the following words: