BEENA Vs. CHARAN DAS (D)

JUDGEMENT

(1.) What was once a dispute between landlord and tenant for the eviction of the tenant from the premises in dispute ended into a consent order way back in the year 1979. Unfortunately, the said consent order gave rise to a bitter civil dispute between the parties, which has now landed in this Court after the suit was dismissed by the court of first instance which judgment and order was upheld by the First Appellate Court. However, the decree so passed was reversed by the High Court in Second Appeal. This is how the parties are now before this Court.

(2.) Late Bhawani Parshad alias Bhagati Parshad (now represented by his legal representatives) was the landlord and late Charan Dass (now represented by his legal representatives) was a tenant in the premises consisting of a house of two rooms/godown comprised in Khasra No.1383 situate in Mohalla Charpat, Church Road, Chamba Town.

(3.) The landlord applied under Sec. 14 of the Himachal Pradesh Urban Rent Control Act, 1971(hereinafter referred to as "the Act") for the eviction of the tenant, late Charan Dass, on the ground that the house in question was in a dilapidated condition which required demolition and reconstruction. The suit was initially contested by the tenant wherein issues were framed, out of which two issues were relevant and important; as to whether the house in dispute is in a dilapidated condition, unfit for habitation and requires demolition and reconstruction; and whether the landlord requires the said house for his bona fide personal use.