LAWS(HPH)-2002-9-14

RAKESH KUMAR Vs. BHIM BAHADUR

Decided On September 24, 2002
RAKESH KUMAR Appellant
V/S
Bhim Bahadur Respondents

JUDGEMENT

(1.) THE revision petition under Section 24(5) of the H. P. Urban Control Act, 1987 (hereafter referred to as 'the Act') has been preferred by the landlords/petitioners (hereinafter referred to as 'the petitioners') against the judgment dated 20-2-1999 passed by the learned Appellate Authority, Solan whereby rent appeal No. 45-S/14 of 1998 preferred by the tenant/respondent Bir Bahadur, since deceased and now represented by his legal representatives, the present tenants/respondents (hereinafter referred to as 'the respondents') against the order dated 24-7-1998 of the learned Rent Controller has been allowed and rent appeal No. 49-S/14 of 1998 preferred by the petitioners against the said order has been dismissed.

(2.) BRIEF facts leading to the presentation of the present petition are that the petitioners presented a petition under Section 14 of the Act before the learned Rent Controller for eviction of Bir Bahadur, the then tenant of the premises consisting of two rooms and one kitchen in Ward No. 4, Hill Top Kothi, Subathu, which the said tenant occupied on monthly rent of Rs. 30/- on the grounds that the demised prernises are very old and the building has outlived its life and has been rendered unfit and unsafe for human habitation, that the tenant is in arrears of rent and that the building is bona fide required by the petitioners for the purpose of reconstruction which cannot be carried out without getting the vacant possession of the premises.

(3.) ON the pleading of the parties, the learned Rent Controller framed the following issues: