R.S. PURAN MULL TRUST Vs. DYAL SONS

JUDGEMENT

(1.) This revision is directed against the judgment, dated 17.01.2006, passed by the learned Appellate Authority, Shimla, in Civil Misc. Appeal No. 47-S/14 of 2003.

(2.) Key facts necessary for the adjudication of this petition are that R.S. Puran Mall Trust, Shimla filed a petition through its Secretary against the respondent-tenant on the following grounds, as stated in paragraph No. 18 of the petition which reads as under:

(3.) The petition was resisted by the tenant. According to the tenant, all the trustees have not signed the petition and the President and the Secretary of the trust could not become the landlord of the premises. It is also submitted that the condition of the building was good and it did not require any re-construction and rebuilding. It was denied that the building was 100 years old. The building was neither unsafe not unfit. It was denied that the reconstruction could not be carried out till the premises were vacated by the tenant. It was denied that the building has outlived its economic life. According to the tenant, the landlords have no sufficient funds for carrying out the repairs. It was denied that the tenant was liable to pay increased rent of 10% from the year 1972.