KANCHANA DEVI Vs. ARUN KUMAR

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 31.5.2011 of the learned Appellate Authority -II, Kangra at Dharamshala rendered in Civil Misc. Appeal No. 3 -K/2009.

(2.) MATERIAL facts necessary for the adjudication of this petition are that the respondent -landlord (hereinafter referred to as 'landlord ' for convenience sake) filed an application under sections 14(2)(i), 14(3) of the Himachal Pradesh Urban Rent Control Act, 1987 seeking eviction of the petitioner -tenants (hereinafter referred to as 'tenants ' for convenience sake) in respect of the property situated in main Bazar within M.C. Kangra on the ground that the premises were let out for the purpose of sweet shop having latrine and small Tapri of temporary nature alongwith courtyard constituting the entire premises at the rent of Rs. 100/ - per month. The premises were let out to Milkhi Ram, predecessor -in -interest of the tenants by the forefather of the landlord about 50 years back. The eviction was filed on the ground that the petitioner -tenants had not paid rent with effect from 1.9.2000 and the premises were required bona fide for rebuilding, which could not be carried out without the same being vacated.

(3.) REJOINDER was filed by the landlord. Issues were framed by the learned Rent Controller on 25.11.2006. He allowed the same and ordered the eviction of tenants by holding them in arrears of rent and also the premises were bona fide required by the landlord, which could not be carried out without vacating the same by the tenants. Tenant, namely, Kanchan Devi, preferred an appeal before the learned Appellate Authority. He dismissed the same on 31.5.2011. Hence, the present petition against the judgment dated 31.5.2011.