MADAN LAL GUPTA Vs. AVINASH PARTAP

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 16.12.2013 passed by the Appellate Authority (II) Sirmaur District at Nahan in Rent Appeal No. 14-N/14 of 2012.

(2.) "Key facts" necessary for the adjudication of this petition are that respondents-landlords (hereinafter referred to as the "landlords" for convenience sake) filed petition under section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 for the eviction of petitioner-tenant (hereinafter referred to as the "tenant" for convenience sake) from the disputed shop. The shop is located in Khasra No.278 of Mohal Dhabon, Mohalla Telian, Katcha Tank, Nahan. It was let out to tenant 28 years ago on monthly rent of Rs. 400/- besides other charges. It was let out for commercial purpose. Tenant is using the same as grocery shop. Eviction was sought by the landlords on the ground that tenant was in arrears of rent and the premises were required bona fide for major repairs and alterations and for their own personal bona fide use and occupation. They intended to dismantle the partition wall between the aforesaid two shops in possession of tenant and another tenant Jagat Ram Chauhan in order to make a big hall for running tuition classes. Other shop is located adjacent to the two shops. They have claimed to be educated ladies and intended to run tuition classes to enhance their income.

(3.) The petition was resisted by the tenant. Tenant has denied that tenant is in arrears of rent. According to him, disputed shop is not required by the landlords on account of bona fide requirement. According to him, landlords intended to evict him. The disputed shop abuts the main road and there is a lot of traffic on the road causing noise and air pollution. According to him, the partition wall can be removed without evicting him from the shop.