MEERA DEVI Vs. SUSHMA RANI AGGARWAL

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 7.7.2014 passed by the learned Appellate Authority (III), Shimla in Rent Appeal RBT No. 28 -S/13 (b) of 2013/12.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent -landlady (hereinafter referred to as the "landlady" for convenience sake) filed eviction petition against the petitioners -tenants (hereinafter referred to as the "tenants" for convenience sake) seeking eviction of the tenants from double storeyed "Kucha" structure known as Narain Bhawan bearing Municipal House No. 3 comprising of two rooms in each floor with kitchen and bath room (hereinafter referred to as the "demised premises") on the ground that demised premises was initially let out by her husband to Kamal Kumar, predecessor -in -interest of the tenants and thereafter tenants succeeded his tenancy rights. Rent of demised premises was Rs. 350/ - per month exclusive of taxes. Landlady has also sought eviction of the tenants on the ground that they were in arrears of rent with effect from 1.10.1998. Demised premises were 125 years old and have become unfit and unsafe for human habitation. Demised premises were required bona fide for building and rebuilding which could not be carried out without the demised premises being vacated by the tenants. Tenants have committed such acts which have impaired material value and utility of the premises. Tenants have sublet the demised premises without the consent of the landlady.

(3.) MR . Sunil Mohal Goel has vehemently argued that landlady has failed to prove that demised premises were bona fide required by her for building and rebuilding of the premises. He has also contended that tenants were not in arrears of rent.