UTTAM CHAND Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THIS revision petition is directed against the judgment passed by the Appellate Authority -1, Kangra at Dharamshala, (H.P.) on 31.03.2011 in Appeal No. 2/K/2008.

(2.) MATERIAL facts necessary for adjudication of this revision petition are that the Petitioner -landlord (hereinafter referred to as "the landlord" for convenience sake) has filed a petition, seeking eviction of the Respondent -tenant (here in after referred to as "the tenant" for brevity sake) on the ground of arrears of rent and also on the ground that the premises being kucha, is required to be re -constructed, as it has outlived its life and is in dilapidated condition, and the same is not fit for human habitation. It was also alleged that the building was required for rebuilding, which cannot be done Xwithout its vacation.

(3.) REJOINDER was filed by the landlord. Issues were framed by the Learned Rent Controller on 07.07.2005. The Learned Rent Controller held the tenant to be in arrears of rent w.e.f. December, 2001 to 2004. The rent was Rs.4/ - per month. The Learned Rent Controller has returned a findings that the landlord has failed to prove that the premises were in dilapidated condition and were not fit for human habitation. The Learned Rent Controller has though ordered the eviction of the tenant only on the ground of arrears of rent, but while returning finding on issue No. 4, he has come to the conclusion that the premises were required by the landlord for the purpose of reconstruction/rebuilding. The tenant filed an appeal before the Learned appellate authority so far as the question of building re -building is concerned. The Learned appellate authority accepted the appeal on 31st March, 2011 by holding that the landlord has neither pleaded nor proved that the premises were required bonafide for building rebuilding, which cannot be carried out without eviction of the tenant. Hence, this revision petition by the landlord.