SHARDA SOOD Vs. SURAM CHAND

JUDGEMENT

(1.) THIS civil revision is directed against order dated 15th May, 2003 passed by the learned Appellate Authority III, Kangra at Dharamshala in C.M. Appeal No.7 -K/98.

(2.) MATERIAL facts necessary for adjudication of this revision are that the petitioner/landlady (hereinafter referred to as "the landlady" for convenience sake) has filed a petition under Section 14 of the H.P. Urban Rent Control Act (hereinafter referred to as "the Act" for convenience sake) against the respondents/tenants (hereinafter referred to as "the tenants" for convenience sake) seeking their eviction on three grounds; firstly, the demised building is required for self occupation of the landlady and her family members, secondly, the tenants are in arrears of rent since 1st January, 1990 and thirdly, the demised building is required bona fide by the landlady for the purpose of rebuilding. The demised building is in a dilapidated condition as well as one of the oldest katcha buildings of the town. The petitioner has sufficient means to reconstruct the same. She has a proposal to reconstruct the same according to her personal needs and with modern amenities and design. The landlady also moved an application under Order 6 Rule 17 of the Code of Civil Procedure seeking amendment of petition. It was listed before the learned Rent Controller

(3.) MR . Bhupender Gupta, learned Senior Advocate assisted by Mr. Neeraj Gupta, learned counsel for the petitioner has supported the findings recorded by the learned Rent Controller. He then contended that the landlady has amply proved that the premises are bona fide required by her for building/rebuilding, which could not be carried out without the same being vacated by the tenants. According to him, the evidence of the special power of attorney, who was none other than the husband of the landlady, could not be ignored. Alternatively, he contended that even if the evidence of the special power of attorney of the landlady is not taken into consideration, there was other sufficient evidence on record to prove that the premises were required bona fide by the landlady for the purpose of building/rebuilding, which could not be carried out without the premises being vacated by the tenants.