MASTU DEVI Vs. HARISH CHANDER

JUDGEMENT

(1.) This revision under section 21 (5) of the Himachal Pradesh Urban Rent Control Act, 1971 (referred to as the Act) is directed against the judgment of the Appellate Authority, Mandi Division at Kulu, setting aside the order of eviction passed by the Rent Controller and dismissing the petitioners application for eviction,

(2.) The petitioner landlady owns 3 or 4 houses in Kulu. One of the houses in which she is living has been gifted to her son Anand Swarup. She has got another son Prem Swarup, He is living at Sheo Bag outside the municipal limits of Kulu. He is married and has got two children. The petitioner wants the portion occupied by the tenant -respondent for the occupation and use as residence of the said Prem Swarup.

(3.) Before I go into the facts I will notice the relevant provision of the Act. It is sub -clause (iv) of clause (a) of sub -section (3) of section 14 of the Act. It reads thus: "(a) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession - * * * * * (iv) in the case of any residential building, if he requires it for use as an office, or consulting room by his son who intends to start practice as a lawyer, an architect, a dentist, an engineer, a veterinary surgeon or a medical practitioner, including a practitioner of Ayurvedic, Unani or Homeopathic system of medicine or for the residence of his son who is married, if - (a) his son as aforesaid is not occupying in the urban area concerned any other building for use as office, consulting room or residence, as the case may be ; and (b) his son as aforesaid has not vacated such a building without sufficient cause after the commencement of this Act, in the urban area concerned." It is plain that before a landlord can get the premises vacated for the residence of his married son, the landlord must prove two things. First, the son is not in occupation of any other building as residence in the urban area, and secondly, the son has not vacated any such building without sufficient cause after the commencement of this Act in the urban area concerned. Now both these conditions must be satisfied before a tenant can be asked to vacate. Therefore, the landlord must plead these facts in his application for eviction and, if necessary, prove them.