YUGAL RAJ PURI Vs. SHANTI DEVI

JUDGEMENT

(1.) This revision petition under Section 24 of the Himachal Pradesh Urban Rent Control Act, 1987 is directed against the order dated 6.8,1997 passed by learned Appellate Authority. Solan in Civil Miscellaneous Appeal No.l3 -S/4 of 1992 whereby the order dated 17.7.1991 passed by the learned Rent Controller, Kandaghat dismissing the eviction petition f preferred by the petitioner under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereafter referred to as the Act) has been upheld and the appeal of the petitioner has been dismissed.

(2.) Briefly stated, the facts giving rise to this revision petition are that the petitioner filed a petition for eviction of the respondent from the premises consisting of two Bed Rooms, Study, Dining, Drawing, Kitchen, Bath and Verandah of Kamla Cottage, Municipal Ward No.8, Jawahar Park, Solan, on the grounds that the demised premises are bonafide required by him for own use and occupation since he has retired from service and wants to settle at Solan, that the building is very old and require renovation/re -construction which can not be carried out without its vacation and that the respondent had not paid the rent for the period April, 1987 onwards.

(3.) The respondent in her reply while admitting the relationship of landlord and tenant between the parties and the rate of rent resisted the claim of the petitioner on the grounds that the disputed premises are not required by the petitioner as he is well settled in Delhi and has no intention to shift to Solan, and that the condition of the building is very good and it does not require any renovation or reconstruction. The allegation of non -paymet of rent has also been disputed and it is claimed that the petition has been filed with the ulterior motive to enhance the rent.