SOM NATH Vs. GIAN CHAND

JUDGEMENT

(1.) The learned Rent Control-ler, District Kinnaur Camp at Rampur Bushahr on 16-12-2003 has passed ejectment order against petitioner in Rent Petition No. 1 -2 of 1996 on the grounds of bona fide need of the accommodation and that tenant has impaired the value and utility of the premises. The ejectment order dated 16-12-2003 has been affirmed by the learned Appellate Au-thority, Kinnaur Division at Rampur Bushahr on 29-7-2004 in Rent Appeal No. 1 of 2004.

(2.) The facts, in brief, are that respondent had filed the ejectment petition under Sec-tion 14 of the Act against the petitioner on various grounds including the grounds of bona fide need of the accommodation and that the petitioner has impaired the value and utility of the premises. The petitioner con-tested the petition and denied the claim of the respondent. The learned Rent Controller had returned the issues of bona fide need of accommodation and impairment of the pre-mises in affirmative in the order dated 16-12-2003 which has been affirmed by the learned Appellate Authority on 29-7-2004.

(3.) I have heard the learned counsel for the parties and have also gone through the record. It has been submitted by the learned counsel for the petitioner that the authorities below have misconstrued and misinterpreted Section 14 of the Act as well as definition of 'residential building' and 'non-residential building1 provided in the Act. The respon-dent has himself pleaded in the ejectment petition that the premises in question is non-residential building, therefore, no amount of evidence can be considered on behalf of the respondent for returning the finding that the premises is residential building. Once the premises is non-residential building the ground of ejectment of bonafide need of the accommodation is not available to the re-spondent. It has been submitted that the evi-dence of impairment led by the respondent is also in deviation to his pleadings on the issue and, therefore, such evidence also can-not be taken into consideration for returning the findings on impairment of the premises.