PHOOLA DEVI Vs. CHANDU LAL

JUDGEMENT

(1.) The petitioners have filed this revision against the judgment dated 19.8.2009 passed by the learned Appellate Authority, Fast Track Court, Shimla in Rent Appeal No. 66-S/14 of 2007 affirming order dated 31.10.2007 passed by the learned Rent Controller, Court No.4, Shimla in Rent Petition No. 22/2 of 2004.

(2.) The respondent No.1 had filed ejectment petition against the petitioners and respondents No.2 to 8 on the grounds of arrears of rent, change of user and bonafide re-construction and re- building. The petition was contested and resisted by petitioners by filing reply. The respondents No.2, 3 and 4 had also filed separate reply. The respondents No. 5 to 8 were proceeded exparte. The petitioners took preliminary objections of mis-joinder of parties. It was submitted that respondents No.2 to 8 have nothing to do with the tenancy and possession of the premises. The petition has been filed with a malafide intention to harass the petitioners to enhance the rent. The pleas of estoppel and want of proper verification of the petition were also taken. The petitioners admitted the rent of the premises Rs.180/- per annum. The respondent No.1 had avoided the receipt of rent. The petitioners were ready to make the payment of arrears of rent. The respondent No.1 is not entitled to interest. The change of user of the premises was denied. The respondent No.1 has concocted and invented the ground of re-construction just to evict the petitioners. The premises does not require re-construction or re-building, the respondent No.1 has no intention to carry out such work. The premises is situated in core area of Shimla where there is a total ban on construction. The plan of the proposed construction has not been approved by the concerned authority. The respondents No.2 to 4 have also taken more or less the same pleas as taken by petitioners.

(3.) On the pleadings of the parties, the following issues were framed:-