PREM CHAND Vs. RAM SARUP AND ORS.

JUDGEMENT

(1.) This appeal by the tenant challenges the order of Appellate Authority (II), Nahan, in case No. 8 -N/14 of 1984, dated 17 -12 -1985, whereby the order of eviction passed by the Rent Controller in Case No 28/2 of 1981, dated 18 -10 -1984 has been confirmed.

(2.) Briefly, the case is that the landlords preferred eviction application under Sec. 14 of the Himachal Pradesh Urban Rent Control Act, 1971 (here -after 'the Act') against the tenant for his eviction from the premises in his occupation, on grounds of non -payment of rent from May, 1980 to August, 1981 at a monthly rent of Rs. 14/ - and that the landlords required the premises for their use and that the premises were very old and in a dilapidated condition, therefore, required re -construction and substantial additions and alterations which could not be carried out without the premises being vacated. It has also been stated that they were not occupying any other residential building owned by them in the urban area of Nahan Town nor they have vacated any such building without sufficient cause within five years of the filing of the eviction petition. They also say that they had got no other landed property at any other place and one of the land lords, namely, Ram Nath had retired from service and wanted to settle down at Nahan.

(3.) On the other hand, the case of the tenant is that there was no relationship of landlord and tenant between the parties and that the rent remitted to the landlords had been refused by them with intention to evict him from the premises. The averments that the premises were needed by the landlords for their own use and occupation, have also been denied. Finally, relating to the condition of the building, it has been stated that the building is not in a dilapidated condition requiring reconstruction.