GOPAL KRISHAN Vs. DASHODHA

JUDGEMENT

(1.) Present Revision Petition has been preferred by tenant against judgment dtd. 16/6/2010, passed by Appellate Authority, Shimla, in Civil Miscellaneous Appeal No.69-S/14 of 2009, titled as Gopal Krishan vs. Dashodha and others, affirming order dtd. 30/9/2009, passed by Rent Controller(V), Shimla, in Rent Petition No.14-2 of 2006, titled as Dashoda and others vs Gopal Krishan, ordering ejectment of the tenant on the ground of arrears of rent as well as on the basis of bonafide requirement of the landlords, has been upheld.

(2.) Landlords (respondents herein) had filed Eviction Petition against the tenant on the grounds that tenant (petitioner herein) has been in arrears of rent @ Rs.100.00 per month w.e.f. 13. 09.2003, the premises in reference is required bonafide by the landlords for the purpose of building or rebuilding which is not possible without premises being vacated, and premises is required by the landlords for making substantial addition and alteration, which are not possible without premises being vacated.

(3.) Eviction Petition has been opposed by the tenant on the ground that there is no relationship of landlords and tenant between the parties and property in question is jointly owned by various co-owners and in absence of all co-owners, petition is not maintainable. Further that, landlords has no exclusive right to reconstruct or rebuild the premises as alleged and, therefore, plea of requirement of premises bonafide, has been opposed.