STATE OF HIMACHAL PRADESH Vs. SATWANT SINGH KOCHHAR

JUDGEMENT

(1.) The three revision petitions, though arising out of separate orders passed by appellate authority(I), Shimla and also arising out of separate eviction proceedings can conveniently be disposed of by a common order, since questions of law and fact arising are almost same and similar.

(2.) Civil Revision 65 of 1992. This civil revision has arisen out of eviction petition preferred by late Darshan Singh Kochhar, who is now represented by his son Satwant Singh Kochhar, in which eviction of the Girls Industrial Training School, located in a part of the Willow Bank building. The Mall, Shimla was sought. The ground for eviction as made out in the petition was that the entire building has become very old. It has outlived its utility and life. The premises in question as well as the other portion of the building Willow Bank in occupation of the other tenants are required bona fide by the landlord for the purpose of building or re-building, which building and re-building cannot be carried out without the premises being vacated by the tenant. It was alleged that the proceedings for eviction against the other tenants were also being initiated. The building, after demolition has to be rebuilt afresh. The walls of the building are tilting, flooring is sagging at places and Dhajji construction has become rotten.

(3.) In reply filed by the tenant, namely, The Girls Industrial Training Institute, Shimla, the claim of the landlord was disputed. It was alleged that the premises occupied by the Institute were in perfectly good condition and were fit for human habitation. No certificate that the building had become very old and was not fit for human inhabitation has been placed on record. As such, there was no force in the ground for eviction taken up by the landlord.