DEEPAK SHARMA Vs. RACHANA YADAV

JUDGEMENT

(1.) This revision petition has been preferred by the tenant against the judgment of the two Courts below granting an order of possession to the respondents-landlords. The respondents instituted application under Section 14 of the H.P. Urban Rent Control Act, 1987 on the pleadings that they are the owners of the entire fourth floor (attic portion) of building bearing M.C. No. 73/6 Ram Bazar Shimla-1. The possession of the premises was sought by eviction of the petitioner herein on the ground that the premises in occupation of the tenant are bonafide required by first respondent-Smt. Rachana Yadav. She is presently residing in the tenanted accommodation of her husband at Annadale, Lower Kaithu, Shimla which according to her was not sufficient and suitable to her husband, who was ailing. It was pleaded that Sh. Sunil Yadav husband of the first respondent herein was not keeping good health since 1990 and suffering from Pulmonary Tuberculosis. He has been advised by the doctors to avoid exertion and avoid walking on steep slopes. Sh. Sunil Yadav husband of the first respondent is having his business in Stall No. 8 situated just opposite the building from which eviction was sought and coming and going from Annadale to Ram Bazar everyday involves very strenuous walk on steep slopes which was not congenial to his health. The business premises occupied are very small which also did not permit him to take rest during the day for which purpose the present building was required where he could rest in case he was exhausted. It was pleaded that the demised premises building No. 73/6, Ram Bazar, Shimla comprises of five storeys out of which the ground floor consists of two shops, one of which is with tenant and the other is in occupation of respondent No. 4 herein, who is carrying business therein. The first floor is in the tenancy of one Sh. Rajeshwar Lal for the last thirty years. The second is in the possession of respondent No. 4 which has fallen to his share in family arrangement. This portion was occupied by his family consisting of his wife, one college going daughter and one school going son. The accommodation in the second floor does not meet the requirements of the fourth respondent herein. The third floor of the building is in occupation of the second and third respondents herein which has fallen to their share along with the first respondent-landlady. The third respondent is an Advocate, who has been married and that the respondents have not vacated any premises after the commencement of the Act. The petition was resisted by tenant-Deepak Sharma on a number of grounds. Three issues were settled on the pleadings. The first one was with respect to the bonafide requirement of the petitioners as pleaded; the second was that there is no relationship of landlord and tenant between petitioners No. 1 to 3 and respondent. The third issue was whether the petition is bad for non-joinder of necessary parties.

(2.) Adverting to the evidence on record, PW 3 Dr. Rajinder Mehta, has stated that Sh. Sunil Yadav son of Sh. Sadhu Ram was a Tuberculosis patient and he proved on record medical certificate Ext. PW 3/A and identifies treatment Ext. PW 3/B and Ext. PW 3/C. PW 4 Sh. Narain Chand Sharma states that he along with his brother Sh. Laxmi Dutt Sharma and Smt. Kartaro Devi are the owners of Sharma Cottage, Annadale and that the husband of respondent No. 1 Sh. Sunil Yadav is his tenant. This accommodation consisted of one room, one kitchen, bathroom and one small combined verandah. He stated that the premises in possession of Smt. Rachana Yadav are dark and dingy which are not sufficient for her requirement.

(3.) PW 5 Dr. Surinder Kashyap states that Sh. Sunil Yadav was suffering from Tuberculosis and proves on record medical treatment Ext. PW 5/A to Ext. PW 5/M. PW 6 Sh. Tek Chand stated that he is the brother of Sh. Sudershana Sethi and Smt. Kavita Sethi and that there was a family settlement between the parties with respect to the building. PW 7 Sh. Bhupinder Sethi stated that his mother Mohinder Kaur @ Pushpa Sethi was the owner of the building.