NARESH KUMAR Vs. SURINDER PAUL

JUDGEMENT

(1.) The petitioners before this Court are the legal representatives of the original tenant Dhanpat Ram, who has died during the pendency of the proceedings before the learned Rent Controller. For the sake of convenience they are being hereinafter referred to as the tenant.

(2.) The landlord sought the eviction of the tenant from the tenanted premises comprising of Shop No. 2, Lakkar Bazar, Shimla, inter alia on the following ground: - "the premises in occupation of the tenant are bona fide required by the landlord for building/rebuilding and making thereto substantial additions and alterations on the old lines and which work cannot be carried out without the building being vacated."

(3.) In seeking the eviction of the tenant on the above noted ground, the landlord has averred in para 18(a) of his petition as under: - "That the petitioner has purchased the building known as Shop No. 2, Lakkar Bazar, Shimla from its previous owner Shri Thakur Dass Dogar Advocate for valuable consideration. The building is about 110 years old. The building is constructed of Dhajji and mud -stone which has out lived its life. The building in question has common walls and roofs with other building known as Shop No. 1 which was own and possessed by Shri Karam Chand and his brothers, who have since demolished and reconstructed their portion. Due to removal of wall and cutting the roof of the building, it has become dangerous and has tilted one side. The walls have bulged out. In fact the building is standing on temporary supports. Petitioner, with a purpose to reconstruct the building on the old lines after demolition, submitted a plain for sanction by the Town and Country Planning Department and Municipal Corporation, which has sanctioned by the said authorities. Petitioner has also arranged funds for reconstruction of the said building."