RAM PARKASH Vs. SURINDER SINGH

JUDGEMENT

(1.) THE instant Civil Revision is directed against the impugned judgment, rendered, on, 5.5.2012, by the learned Appellate Authority, Chamba, District Chamba, in Rent Appeal No. 1/2012, whereby, the learned Appellate Authority set aside the order rendered on 21.12.2011, by the learned Rent Controller, Chamba, District Chamba H.P., in Rent Petition Case No. 2 of 2006 and ordered the eviction of the petitioners/tenants from the demised premises.

(2.) THE landlords are owners of one shop comprised in Khata Khatouni No. 1061/1352 khasra No. 3957 situated in Mohalla Dogra Bazar, Chamba town, District Chamba. The shop had been let out to tenant Prithi Singh in the years 1987 -88. The respondents have preferred an eviction petition seeking the eviction of tenants/petitioners on the ground that the demised premises is in dilapidated condition owing to regular hammering of cobbler machine the flooring planks and wooden joints have been damaged. The door of the shop is rotten and is hanging in air and the ceiling of the shop is totally damaged and requires replacement. Besides this, the flooring of the first floor (Residential portion) has got cracks and requires immediate repairs. The residential building in which the landlords are residing is totally unsafe for human dwelling and can give way at any time. It requires reconstruction by dismantling the same. It is further pleaded that the landlords have sufficient funds to dismantle and reconstruct the demised premises. Further the eviction of tenants from the demised premises was sought on the grounds of theirs being in the arrears of rent.

(3.) IN the rejoinder the landlords controverted the allegations of the tenants and re -affirmed their case.