SHANTI DEVI Vs. KULDEEP MARIA

JUDGEMENT

(1.) This revision petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereafter referred to as 'the Act') has been preferred by the Petitioners/tenants (hereafter referred to as 'the Petitioners') against the judgment dated 1.11.2000 passed by the learned Appellate Authority, Shimla whereby the order dated 31.8.1992 passed by the learned Rent Controller (2), Shimla dismissing the eviction petition of the Respondent/landlord (hereafter referred to as 'the Respondent) has been set aside and the then tenant now, represented by the Petitioners, had been ordered to be evicted from the demised premises known as "Ground Floor of Building No. 29/1, Tilak Nagar, Boileauganj (hereafter referred to as the tenanted premises)."

(2.) The relevant facts for the disposal of the present petition are that the Respondent filed an eviction petition under Section 14 of the Act for eviction of John Masih the then tenant from the tenanted premises on the ground that the tenanted premises were bona fide required by him for self use and occupation as at present he is residing in the premises known as "Dhami Cottage 69/1, Ram Bazaar, Shimla" alongwith his mother and married brothers and the said premises, in which he is presently residing, have meagre accommodation to accommodate him, his wife, children married brothers and mother. It is further averred that he is exclusive owner of Building 29/1, Boileauganj, Shimla. A vacant room is in his possession and eviction proceedings had been initiated for ejectment of a tenant residing in the 1st floor of the building on the ground of bona fide requirement for use and occupation by him and his family members.

(3.) The petition was contested by the deceased tenant on the grounds that one Ram Krishan is the landlord qua the tenanted premises, therefore, the petition is not maintainable, that the Respondent has in his occupation several buildings within the urban areas of Shimla, hence, his plea of bona fide requirement is not bona fide and he has concealed this fact, therefore, the petition is liable to be dismissed.