KESRI DEVI Vs. HARI DASS SHARMA

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the judgment dated 23.08.2008, passed by the Learned 1st Appellate Authority in Civil Misc. Appeal No. 20 -S/14 of 2007.

(2.) MATERIAL facts necessary for adjudication of this petition are that the Respondent -landlord (hereinafter referred to as "the landlord" for convenience sake) had filed a petition seeking eviction of the Petitioners -tenants (here in after referred to as "the tenants" for brevity sake) on the ground that the demised premises are required by him for the purpose of rebuilding on old lines, which cannot be carried out without the demised premises in question is vacated by the tenants. According to the landlord, the building is 100 years old and its wood work has rotten. The walls and floors have developed cracks. The landlord has requisite funds for the purpose of re -building the demised premises.

(3.) THE Learned Rent Controller framed the issues on 07.05.2004. He ordered the eviction of the tenants. The tenants preferred an appeal before the Learned Appellate Authority, Shimla. The same was dismissed on 23.08.2008.