R.C.VERMA Vs. PUSHPA RANI

JUDGEMENT

(1.) The present petition at the instance of the tenant under Section 24(5), H.P. Urban Rent Control Act, 1987 (for short, the Act) has been directed against the order dated 29.5.1999 of the learned Appellate Authority (II), Shimla, setting aside the order dated 7.5.1994 of the learned Rent Controller (2), Shimla, and thereby directing the eviction of the tenant under Section 14(3) (d) of the Act.

(2.) The tenanted premises consist of a residential portion comprising of two living rooms, a kitchen, bath and latrine, and a covered verandah in the building known as Pushap Cottage, in Lakkar Bazar, Shimla.

(3.) The respondents, hereinafter referred to as the landlords, sought ejectment of the tenant from the tenanted premises under Section 14(3)(d) of the Act on the ground that the same were required for the residence of his married son Vijay Kumar. It was pleaded in para 18(a) of the petition as under: "Eviction of the respondent is sought on the grounds that the demised premises are bona fide required by the petitioners for the separate and independent residence of their married son Shri Vijay Kumar and his family. The said Sh. Vijay Kumar married son of the petitioners is not occupying any other residential or scheduled building, as the case may be owned or even tenanted by him in the Urban area of Shimla nor the said Sh. Vijay Kumar has vacated any such residential building in the Urban area of Shimla after the commencement of H.P. Urban Rent Control Act, 1971 or 1987. The said Shri Vijay Kumar works as a Government Contractor at Shimla and has various Government Contracts in hand. Presently, said Shri Vijay Kumar and his family is living with the petitioners. The petitioners are the owners of three storyed building with an attic. The entire ground floor is occupied by tenants. The first floor is occupied by the petitioners and the said Sh. Vijay Kumar. The second floor is occupied by another son of the petitioners namely Dr. Ashwani Kumar and his wife Dr. Anita Kumari and another unmarried son of the petitioners Shri Ajay Kumar is also occupying room in the said second floor. The said Shri Ajay Kumar is also doing his business of contractor at Shimla. The elder son of the petitioners Dr. Ashwani Kumar, was married to Dr. Anita Kumar in October, 1987 and immediately after the marriage they were allotted two rooms in the second floor which are now in their exclusive occupation and possession. In the attic there is one room which is used for evidence of the servants as also for storing the households goods of the family. The said Shri Vijay Kumar for whom the premises in question are required was married in January 1989 and after marriage his wife has not been able to pull on well with the petitioners. Therefore, with a view to avoid daily bickerings and quarrels, the petitioners have decided to provide separate and independent accommodation to the said married son Shri Vijay Kumar."