MOHAN LAL Vs. SADA NAND

JUDGEMENT

(1.) THIS revision petition, under Section 24(5) of the Himachal Pradesh Urban Rent Control Act (hereafter shortly referred to as "the Rent Control Act") is directed against the judgment of appellate Authority (II), District Sirmaur at Nahan, in Civil Misc. Appeal No. 16 N/14 of 1989/88, dated 21.7.1989, whereby the order of eviction passed by the Rent Controller, Nahan in Civil Suit No. 3/2 of 1987, dated 10.2.1988, has been confirmed.

(2.) THE facts of the case may now be stated shortly. The landlord filed a petition under Section 14 of the Rent Control Act for the eviction of the tenant stating, inter alia, that the tenant was in occupation of non-residential premises comprised in Khasra No. 1417, measuring 48 Sq. Metres, situated in Bajar Bara Chowk, Nahan, at a monthly rent of Rs. 40/- and the tenant had not paid the rent for the premises since September, 1986 till the date of the filing of the petition. The landlord also stated in the petition that the premises in question were more than 100 years old and were in dilapidated condition and that the same were required by him for the purpose of rebuilding which could not be carried out without getting the same vacated. Since this part of the claim of the landlord would be the subject-matter of decision in this case, it is important to quote the plea taken by him in the petition in extenso :

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