SHYAM LAL Vs. RAJENDER PAL DHAWAN

JUDGEMENT

(1.) This petition is instituted against the judgment dated 16.11.2013 rendered by learned Appellate Authority, Mandi, in Rent Appeal No.03/2010.

(2.) "Key facts" necessary for the adjudication of this petition are that the respondents/landlords (hereinafter referred to as the "landlords" for the sake of convenience) filed a petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the "Act" for the sake of convenience) seeking eviction of the petitioner/tenant (hereinafter referred to as the "tenant" for the sake of convenience), from the premises comprised in 95/11, School Bazaar, Mandi Town, Ward No.11, Mohalla Tarna, Mandi. According to the landlords, the demised premises were let out to the tenants for non-residential purpose in the year 1968 at the monthly rental of Rs.15/-. The tenant was running a confectionery and General provision store in the premises. The demised premises were situated in the main business center of the Mandi Town. The tenant was in arrears of rent since January 1997. The petitioners were entitled for the increase of rent at the rate of 10% from the year 1993 and thereafter every five years. The demised premises were 80 years old having wooden structure of mud and stone masonry and slate roofed. The demised premises were bonafidely required by the landlords for the purpose of building/re-building, which could not be carried out without demised premises being vacated and demolished. The landlords were having sufficient means for re-constructing the disputed premises.

(3.) The petition was contested by the tenant. According to the tenant, he was inducted as tenant in the demised premises in the year 1968 on monthly rental of Rs.15/-. He denied that the demised premises were 80 years old and the condition of the disputed premises was not good. He had been paying rent to the landlords regularly and since 1997 onwards, the landlords refused to accept the rent and he had been sending the same through money orders from time to time. He also denied that the landlords were entitled to increase of rent at the rate of 10% since 1993 and thereafter every five years. According to the tenant, he is handicapped having 70% disability. He also denied that the demised premises were situated in the main business center of Mandi Town.