SHIV CHARAN DASS Vs. UPDESH SAHNI

JUDGEMENT

(1.) THIS civil revision petition is directed against the judgment dated 30.9.2008 rendered by the learned Appellate Authority, Fast Track Court, Solan in case No. 5 FTC/14 of 2006/2008.

(2.) MATERIAL facts necessary for the adjudication of this petition are that respondent (hereinafter referred to as 'landlady' for convenience sake) sought eviction of appellants-tenants (hereinafter referred to as 'tenants' for convenience sake) on the grounds that the tenants have failed to pay the rent with effect from 1.4.1998 at the rate of Rs. 2,500/- and have also failed to pay statutory increase of rent from August, 1987.The other ground taken by the landlady was that she required the demised premises bona fide for the purpose of building/rebuilding. According to her, the building is 100 years old and she wanted to demolish the old structure in order to construct four storeyed building, as per the building plans sanctioned by the Municipal Committee, Solan and Town and Country Planning Department. She had also averred that she had sufficient funds for reconstruction of the building.

(3.) MR. Bhupender Gupta, Senior Advocate has strenuously argued that the landlady has failed to prove that she required the premises bona fide for reconstruction/rebuilding. According to him, the Appellate Authority has not recorded any findings that the reconstruction/rebuilding was not possible without vacation of the premises by the tenant. He further argued that finding recorded by the Appellate Authority with regard to arrears of rent was not based on correct appreciation of evidence.