VINOD KUMAR Vs. H P WAKF BOARD, SHIMLA

JUDGEMENT

(1.) Cmp No. 13648/2013

(2.) "Key facts" necessary for the adjudication of this petition are that the respondent/landlord (hereinafter referred to as "landlord" for convenience sake) has filed a petition under Section 14(2) (i), (ii), (iii) 3(c) of H.P. Urban Rent Control Act, 1987 against the petitioner/tenant (hereinafter referred to as "tenant" for convenience sake). According to the landlord, it was owner of one 'Kacha' single storeyed shop No. 375/5, situated in Kotwali Bazaar, Gurudwara Road, Dharamshala.

(3.) Petition was resisted by the tenant. According to the tenant, landlord had refused to accept the rent. The tenant had deposited a sum of Rs.3400/- on account of rent along with upto date interest thereon for the period 31.3.1999 to 31.8.2002 with the Tribunal. He had denied the allegation of change of user. According to him, he had not impaired the value and utility of the demised premises. The landlord did not require the premises for the purpose of reconstruction and repairs.