LAWS(HPH)-2011-9-430

ROOP LAL JAURA Vs. ADARSH CONFECTIONERS

Decided On September 23, 2011
ROOP LAL JAURA Appellant
V/S
ADARSH CONFECTIONERS Respondents

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 2.1.2001 passed by Appellate Authority (II), Kangra at Dharamshala in C.M. Appeal No. 9- D/XIV/99.

(2.) Material facts necessary for the adjudication of this petition are that the petitioner-landlord (hereinafter referred to 'landlord' for convenience sake) filed a petition under sub-sections (2) (i) and (3) (c) of section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the 'Act' for brevity sake) seeking eviction of the respondent-tenant (hereinafter referred to as tenant for convenience sake) on the following grounds:

(3.) According to the landlord, two non-residential rooms in the building known as Jaura building situated in Kotwali Bazar, were let out to the tenant through its proprietor Sh. Om Prakash on a monthly rent of Rs. 160/- on 10.6.1971. The purpose for which the premises were let out was for running a confectionery business. The demised premises came to be bona fide required by the landlord for the purpose of building and rebuilding since necessity of a reception room and proper approach to his hotel known as Shiva Hotel arose. According to the landlord, Hotel Shiva is located just behind the premises in dispute. The hotel business was running in losses since the hotel has neither any reception room nor there was any proper entrance. In order to make the business more profitable, he planned to demolish the tenanted premises and reconstruct a reception room alongside the main road in accordance with the site plan. He also planned to make a proper entrance for the hotel. The reconstruction could not be carried out without the premises being vacated by the tenant.