SH. ANIL KUMAR Vs. SH. HUKAM CHAND

JUDGEMENT

(1.) Sh. Anil Kumar, petitioner herein and Sh. Jagar Nath are tenants with respect to shop/stall No. 2, khasra Nos. 885, 886 and 887, Khalini, District Shimla, H.P. Sh. Anil Kumar, original respondent No. 1 is son of Sh. Jagar Nath. The present respondents/landlords filed a petition for ejectment under the provisions of Section 14 of the H.P. Urban Rent Control Act, 1987, on the ground of non payment of rent as also rebuilding and reconstruction. The building being an old wooden dilapidated structure, required to be reconstructed for safe human habitation, for which purpose, permission from the municipal body also stands obtained.

(2.) The petition was contested by the tenant, inter alia, on the ground that the same was filed only to harass and get the rent increased. Even though out of five, three tenants have already vacated their respective portions but there is nothing on record to establish that the fifth tenant namely Sh. Bhagat Ram had given any undertaking to vacate the premises, only when the entire building is vacated, reconstruction can take place.

(3.) Based on the pleadings of the parties, following issues were framed: