KANCHANA DEVI Vs. ARUN KUMAR

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 31.5.2011 of the learned Appellate Authority-II, Kangra at Dharamshala rendered in Civil Misc. Appeal No. 3-K/2009.

(2.) Material facts necessary for the adjudication of this petition are that the respondent-landlord (hereinafter referred to as landlord for convenience sake) filed an application under sections 14 (2) i, 14 (3) of the Himachal Pradesh Urban Rent Control Act, 1987 seeking eviction of the petitioner-tenants (hereinafter referred to as tenants for convenience sake) in respect of the property situated in main Bazar within M.C. Kangra on the ground that the premises were let out for the purpose of sweet shop having latrine and small Tapri of temporary nature alongwith courtyard constituting the entire premises at the rent of 100/- per month. The premises were let out to Milkhi Ram, predecessor-in-interest of the tenants by the forefather of the landlord about 50 years back. The eviction was filed on the ground that the petitioner-tenants had not paid rent with effect from 1.9.2000 and the premises were required bona fide for rebuilding, which could not be carried out without the same being vacated.

(3.) The application was contested by the tenants. According to the tenants, one part of the shop was used as sweet shop and other part as beauty parlour and for the residential purpose. According to the tenants, they have paid the rent and sent the same through money order to the landlord but he did not accept the same. According to them, the building was in good condition and has not outlived its life.