AMRO DEVI Vs. AJAY KUMAR SOOD

JUDGEMENT

(1.) Petitioner Amro Devi is the tenant of Houses Nos. 297 and 624 situated in the building known as 'Khushi Lal Building', Cantonment Road, Kotwali Bazar, Dharamshala (hereinafter called the premises in dispute) owned by respondent-landlord Ajay Kumar Sood. Against her an eviction order was passed by the Rent Controller, Kangra at Dharamshala vide its judgment dated 30/03/1990 on the ground that the premises in dispute are bona fide required by Ajay Kumar Sood "for re-building/re-construction in view of the notices of the Municipal Committee under Ss. 110 and 111 of the H.P. Municipal Act, which are Exts. PB and PC". The judgment of the Rent Controller was affirmed by the Additional District Judge (1) (Appellate Authority (2) under the Himachal Pradesh Urban Rent Control Act), Kangra at Dharamshala vide his judgment dated 13/09/1991 in an appeal filed by Amro Devi. Hence, she has filed the present revision petition.

(2.) The grounds on which the eviction of Amro Devi was sought, as stated in column 18(a) of the eviction petition, are :-

(3.) In her reply she traversed the allegations made in column 18(a) of the eviction petition. According to her, the condition of the building was quite good and it only required minor repairs which could be done without vacation. It was specifically denied that the premises in dispute were unfit for human habitation as alleged. The notices of Municipal Committee mentioned by Ajay Kumar Sood in his eviction petition were got issued by him in collusion with certain Officers of the Municipal Committee to create a ground for ejectment. She has further alleged that Ajay Kumar Sood does not bona fide require the premises in dispute for rebuilding. In fact, he intends to re-let the premises in dispute on exorbitant rent as the rent paid by her having fixed 25 years ago is low as compared to present day rents.