VIKAS SOOD Vs. HARI DASS SHARMA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 23.8.2008 of the learned Appellate authority rendered in Civil Misc. Appeal No. 28 -S/ 14 of 2007.

(2.) Material facts necessary for the adjudication of this petition are that the respondent -landlord (hereinafter referred to as ˜landlord for convenience sake) filed a petition before the Rent Controller on the ground that the predecessor -in -interest of the petitioners -tenants (hereinafter referred to ˜tenant for convenience sake) was inarrears of rent and the premises were required by him bona fide for the purpose of building/rebuilding, which could not be carried out without evicting the tenant. Landlord got issued notice to the tenant, which was replied by him on 11.3.2000 through his counsel. Landlord has also approached the tenant for negotiations and asked him to allow to carry out rebuilding, renovations, additions and alterations but the tenant delayed the matter on one pretext or the other. It is in these circumstances that the landlord has filed the eviction petition against the tenant.

(3.) DETAILED reply was filed by the tenant. Tenant has not disputed the relationship of landlord and tenant. According him, he was not in arrears of rent and the premises were not required bona fide by the landlord for the purpose of building/rebuilding or making additions or alterations in the building. It was also disputed that the building/rebuilding or additions or alterations could not be done without vacation of the demised premises. According to him, stand taken by the landlord is mutually destructive.