VINOD KUMAR Vs. H.P. WAKF BOARD

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these petitions, these were heard and are being disposed of by a common judgment. Both these petitions, i.e. CMPMO No. 532 of 2009 and CR No. 101 of 2009, are directed against the common judgment, dated 23.05.2009, passed by the learned Wakf Tribunal, District Kangra at Dharamshala, in Rent Petition No. 1/2009 (2002).

(2.) KEY facts necessary for adjudication of these petitions are that the respondent -H.P. Wakf Board has filed an eviction petition against the petitioners -respondents/proforma respondents, namely, Shanti Devi, Prem Chand, Sansar Chand, Rohit Kumar, Sharad Chand, Vinod Kumar and Sonu Sharma on the grounds of arrears of rent w.e.f. April 1994 to 30.11.2002, subletting the portion of tenanted premises, converting the residential premises into a shop, change of user without the permission and consent of the respondent -H.P. Wakf Board, Shimla, impairing the value and utility of the demised premises by covering the corridor and raising construction without the permission of the respondent -H.P. Wakf Board, Shimla, premises bonafidely required for use and occupation charges and the premises were required for re -construction of the building, which was not possible without the building being vacated.

(3.) PETITIONERS -respondents, Shanti Devi, Prem Chand, Sansar Chand, Rohit Kumar and Sharad Chand have filed Civil Revision No. 101 of 2009. Only petitioner -respondent, Sh. Vinod Kumar has filed CMPMO No. 532 of 2009. Sonu Sharma has been arrayed as proforma respondent/respondent in both the petitions. However, in CMPMO No. 532 of 2009, the name of Sonu Sharma, respondent No. 7 was deleted vide order, dated 31.03.2010.