ZARINA P.K. DAVID Vs. PURUSHOTAM LAL SHARMA.

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 3.11.2005 passed by the learned Appellate Authority (I), Kangra at Dharamshala in Rent Appeal No. 1-D/XIV/2003.

(2.) Material facts necessary for the adjudication of this petition are that petitioner-landlady (hereinafter referred to as 'landlady' for convenience sake) filed a petition seeking eviction of respondent-tenant (hereinafter referred to as 'tenant' for convenience sake) on the grounds of non-payment of rent, the building being in dilapidated condition unfit for human habitation and the same was required for the purpose of building and rebuilding. Tenant filed the reply. He has denied that the building has been constructed in the year 1936. According to him, the building is fit for human habitation and was not dilapidated. The reconstruction of the building was not required at all and it was denied that he has not paid rent from April, 2001 onwards. The issues were framed by the Rent Controller court on 19.3.2002. Learned Rent Controller gave findings that the building was in a dilapidated condition and the tenant has also not paid rent after 2001 and he was also liable to be evicted as the repairs could not be carried out by the landlady without the house being vacated. The tenant preferred an appeal before the learned Appellate Authority. The tenant had deposited the rent as per orders passed by the Rent Controller on 28.2.2003. The Appellate Authority partly allowed the appeal. The order with regard to arrears of rent was affirmed, subject to levy of interest at the rate of 6% instead of 9%, as ordered by the learned Rent Controller.

(3.) Mr. Sanjay Dutt Vasudev has strenuously argued that the judgment dated 3.11.2005 was not in accordance with law. According to him, the landlady has proved that the building was in a dilapidated condition and the same was unfit for human habitation. According to him, the same was required by the landlady bona fide for the purpose of reconstruction, which could not be carried out without evicting the tenant.