ANIL KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is a petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 against judgment dated 4.8.2009 passed by learned Appellate Authority (2) Kangra at Dharamshala in Rent Appeal No.5-D/2003.

(2.) Sham Sunder Mehra landlord had filed petition under Section 14 of the H.P. Urban Rent Control Act, 1987 (for short Act) against petitioner-tenant on the grounds of arrears of rent, bonafide building, rebuilding and the building has become unfit and unsafe for human habitation. The petition was allowed by the learned Rent Controller on 31.3.2003 on the last two grounds. The petitioner filed appeal against the order dated 31.3.2003, during the pendency of petition Sham Sunder Mehra died and his legal representative Ashok Kumar was brought on record. The learned Appellate Authority has dismissed the appeal on 4.8.2009, hence the tenant has filed the revision.

(3.) The revision has been filed on the grounds that both the authorities below have misread and misconstrued the evidence on record. The learned Rent controller on the issue of building or rebuilding has discussed the evidence and has recorded a finding that the building is about 90 years old and the same is in a dilapidated condition. The landlord has sufficient funds at his disposal which is apparent from Ex.PW-1/B to Ex.PW-1/F. The plan has already been sanctioned by the Municipal Council as well as by Town and Country Planning. The estimated costs of the proposed construction of the building has also been taken into consideration and thereafter a finding has been recorded that landlord has more than sufficient funds at his disposal for the reconstruction of the building. The learned Rent Controller has also recorded a finding that it has been proved that re- construction is to be done after demolition of the old structures. A finding has also been recorded that another petition against Smt. Charanjit Kaur etc. filed by the landlord has been allowed. The said matter was finally taken to the Apex court wherein the SLP filed by Smt. Charanjit Kaur was dismissed. The learned Rent Controller has ultimately recorded a finding that premises in question is required bonafide for building and re-building which cannot be carried out without vacating the same.