RUKMANI DEVI Vs. PYARE LAL SOOD

JUDGEMENT

(1.) The Petitioners were Respondents in Rent Application No. 50-2 of 2002. The learned Rent Controller, Court No. (V), Shimla has ordered their eviction under Section 14 of the H. P. Urban Rent Control Act, 1987 (for short 'Act') which has been affirmed by learned Appellate Authority, Shimla on 24.2.2010 in Civil Misc. Appeal No. 4-S/14 of 2009.

(2.) The facts, in brief, are that Respondent had filed petition under Section 14 of the Act against the Petitioners on the grounds of arrears of rent at the rate of Rs. 550/- per annum from January 2002 onwards, premises in question has become unfit and unsafe for human habitation and the same is required by him bona fide for the purpose of rebuilding and re-construction. The premises in question is more than 100 year old. II hag outlived its value and utility. It has become dilapidated, unfit and unsafe for human habitation. The walls, floors, roof have worn out. The walls are also out of plumb and have developed big cracks. The rebuilding and reconstruction cannot be carried out unless premises is vacated.

(3.) The petition was contested by filing reply. The objections attainability, estoppel, mala fide and concealment of material facts were taken. The relationship of landlord and tenant was admitted. The rent of the premises according to Petitioners is Rs. 400/- per annum inclusive of taxes. The old and dilapidated wooden stair was replaced by iron stair by Petitioners with the consent of Respondent. It has been submitted that the rent upto date has already been paid. The building is in good condition and it does not require reconstruction and re-building.