SHIV PRASHAD Vs. HARI DASS SHARMA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 23.8.2008 of the learned Appellate Authority rendered in Civil Misc. Appeal No. 19 -S/14 of 2007.

(2.) MATERIAL facts necessary for the adjudication of this petition are that the Respondent -landlord (hereinafter referred to as 'landlord ' for convenience sake) filed a petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 seeking eviction of the Petitioner -tenant (hereinafter referred to as 'tenant ' for convenience 1 Whether reporters of the local papers may be allowed to see the judgment? Yes sake) on the ground that the premises were required by him for the purpose of building and rebuilding on old lines, which could not be carried out without evicting the Petitioner. According to the landlord, the premises are 100 years old and the building was in a dilapidated condition. According to him, he has sufficient funds for rebuilding and he has got the building plan sanctioned.

(3.) LEARNED Rent Controller framed issues on 1.3.2004. He ordered the eviction of the tenant from the shop in question on the ground that the demised premises were required by the landlord for the purpose of building/rebuilding. Tenant preferred an appeal before the Appellate Authority. He dismissed the same on 23.8.2008. Hence, the present petition.