KAILASH CHAND Vs. DHARAM DASS

JUDGEMENT

(1.) The present appeal is filed against the judgment and order dated November 27, 2001 passed by the High Court of Himachal Pradesh, Shimla in Civil Revision No. 35 of 1999. By the said order, a single Judge of the High Court of Himachal Pradesh dismissed the eviction petition filed by the landlord reversing order of ejectment passed by the Rent Controller, Shimla and confirmed by the Appellate Authority (II), Shimla.

(2.) The appellant herein is the owner of a building being House No. 108, Anandele, Shimla ('suit premises' for short). He let the first floor of the suit premises to the respondent. The landlord filed an eviction petition against the tenant in respect of the first floor of the building in November, 1980. The petition was allowed by the Rent Controller by an order dated October 31, 1984. The tenant preferred an appeal and challenged the decree of eviction. On September 17, 1986, however, a compromise was arrived at between the parties. On the basis of the said compromise, the tenant agreed to vacate the first floor in favour of the landlord and was inducted as tenant of the ground floor of the same building.

(3.) According to the landlord, at the relevant time he was staying all alone in Shimla. Subsequently, however, his wife had also shifted from village Panhoi to Shimla. Moreover, the landlord wanted to get his child educated at Shimla where best facilities for studies are available. He, therefore, filed eviction petition against the tenant. The Rent Controller, Shimla, by an order dated January 20, 1993, held that the landlord wanted the premises for his bona fide occupation and accordingly an order of eviction was passed. Being aggrieved by the said order, the tenant preferred an appeal which was dismissed by the Appellate Authority (II), Shimla, by an order dated November 30, 1998. The aggrieved tenant carried the matter to the High Court by filing Civil Revision 35 of 1999. According to the landlord, a new ground which was never raised before the courts below was put forth by the tenant contending that the eviction petition filed by the landlord was not maintainable in view of third proviso to Sub-section (1) of Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as 'the Act'). Section 14 of the Act provides for eviction of tenants in certain cases on certain grounds. Sub-section (3) deals with cases of requirement of building premises by the landlord. The relevant part of Sub-section (3) reads as under :