JANMEJAI SOOD Vs. RAM GOPAL SOOD

JUDGEMENT

(1.) This revision petition is instituted against the judgment rendered by the learned Appellate Authority (II), Shimla in Civil Appeal No. 19-S/13(b) of 2007, dated 26.11.2012.

(2.) Key facts necessary for the adjudication of this revision petition are that the respondents (hereinafter referred to as the landlords) have filed a rent application No. 1-2 of 2002 in the Court of learned Rent Controller (5), Shimla under Section 14 of the H.P. Urban Rent Control Act, against the petitioner and proforma respondents (hereinafter referred to as the tenants). The premises were previously owned and possessed by one Sh. Shanti Swaroop son of Sh. Wadhwa Mal. From the original owner the demised premises was purchased vide registered sale deed dated 14.8.1989 by late Sh. Rama Nand and Sh. Ram Gopal Sood, sons of late Sh. Jai Karan Dass; and their respective sons namely, Chander Harsh, Vijay Kumar and Sanjay Karol (sons of Rama Nand) and Sh. Rakesh Sood, Raman Sood and Ashwani Sood (sons of Ram Gopal Sood). The premises fell exclusively to the share of the landlords in the family settlement vide arbitration award dated 1.10.2001 registered on 2.10.2001. The eviction petition was filed on the following grounds:

(3.) The tenants contested the petition. According to them, the building was situated in core area wherein any construction activity has been banned by the government. There was no bona fide requirement. No additions and alterations have been undertaken. The building has not become unsafe and unfit for human habitation. The tenants were not liable to pay rent to the landlord as they were not the landlords of the demised premises.