RAM KUMAR ALIAS BABU Vs. KACH KUMAR

JUDGEMENT

(1.) THIS petition is directed against the judgment dated 31.8.2013 passed by the Appellate Authority (II), Kangra at Dharamshala in Rent Appeal No. 1 -A/K/2008.

(2.) "Key facts" necessary for the adjudication of this petition are that respondents No.1 to 3/landlords (hereinafter referred to as the "landlords" for convenience sake) have filed petition under section 14 (1) (3) of the H.P. Urban Rent Control Act, 1987 against the petitioner as well as proforma respondents (hereinafter referred to as the "tenants" for convenience sake) seeking their eviction from double storeyed non -residential house bearing House No.16/140, situated in Ward No.8, Main Bazaar, Kangra on the ground that initially Sh. Raj Singh, predecessor -ininterest of tenants, was the tenant of the demised premises and after his death he was succeeded by the present tenants. Rent of the demised premises agreed between the parties was Rs. 16/ - per month. Tenants did not pay the rent after June, 2001 till the date of filing the petition. The building was more than 70 years old and has outlived its life. The building has been constructed with Kucha bricks with mud plaster. The wood used in the building has been damaged and has become unsafe for human habitation. The building was required bona fide by the landlords for reconstruction, which could not be carried out without the same being vacated by the tenants. Landlords have financial capacity to rebuild the new building.

(3.) ISSUES were framed by the trial court on 2.8.2006. The trial court allowed the petition and ordered the eviction of the tenants on 20.2.2008 directing the tenants to pay the arrears of rent alongwith interest @ 9% per annum from June, 2001 to November, 2004, within a period of 30 days from the date of passing of the order till actual eviction. They were also directed to handover the vacant and peaceful possession of the demised premises to the landlords within 30 days from the date of passing of order. Tenant preferred an appeal before the learned Appellate Authority (II), Kangra at Dharamshala. He dismissed the same on 31.8.2013. Hence, the present petition.