GULAM MOHAMMAD WANI Vs. RAJINDER SHARMA

JUDGEMENT

(1.) The instant revision petition is directed against the judgment passed by the learned Appellate Authority (III), Shimla, on 09.06.2011 whereby it dismissed the appeal preferred by the petitioner-tenant.

(2.) The parties hereinafter shall be referred to as the ‘landlords' and ‘tenant'.

(3.) Patu Devi and Rajinder Sharma moved an application under Section 14 of the H.P. Urban Rent Control Act, 1987, seeking eviction of Gulam Mohammad from sub basement in building known as 'Fay Lodge, Circular Road, Shimla' on the ground that he was in arrears of rent since January, 2004; the tenanted premises had become unsafe and unfit for human habitation and the landlords required the premises for reconstruction purposes which cannot be carried out without vacating the same. He had sub-let the premises to other persons. The tenanted premises was claimed to be under the tenancy of Gulam Mohammad at a rental of Rs.200/- per month, the building had outlived its life, the material used had rotten and cracks stood developed and the building had become unsafe and unfit for human habitation.