RATTAN CHAND Vs. MADHU BHARAT CHADHA

JUDGEMENT

(1.) Petitioner-tenant has filed this Civil Revision under Sec. 24(5) of Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as 'Rent Act') against the judgment dtd. 1/11/2019, passed by the Appellate Authority, Chamba Division, Chamba, H.P., in Rent Appeal No.1 of 2019, titled as Rattan Chand vs. Madhu Bharat Chadha and another, whereby order dtd. 22/6/2019, passed by the Rent Controller, Dalhousie, District Chamba, H.P., in Rent Case No.10 of 2013, titled as Madhu Bharat Chadha and another vs. Rattan Chand, has been affirmed.

(2.) For convenience petitioner and respondents shall be referred hereinafter according to their status in the Rent Petition, i.e. tenant and landlords respectively

(3.) Learned counsel for the tenant has submitted that Rent Petition was filed for eviction of tenant on the ground of arrears of rent, bonafide requirement, rebuilding purpose and that tenant had ceased to occupy the building for last 12 months preceding to filing of the petition. It has further been contended that landlords have failed to prove that building is in dilapidated condition so as warranting rebuilding, and for bonafide requirement and also that tenant has ceased to occupy the premises for last preceding 12 months from the date of filing of the petition and, therefore, it has been submitted that both the Courts have committed irregularity and material illegality resulting into perversity in the judgment warranting interference of this Court under revisional jurisdiction. In alternative, it has been contended that in case tenant is considered to be liable to vacate the premises, in reference, then direction, to complete reconstruction in time bound manner with right of re-entry to the tenant within the reasonable period, deserves to be issued to the landlords.