JAGAT RAM CHAUHAN Vs. AVINASH PARTAP AND ORS.

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. 13 -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 21 -22 years ago on monthly rent of Rs. 550/ - besides other charges. It was let out for commercial purpose. Tenant is using the same as workshop for repairing the vehicles. 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 use and occupation. They intended to dismantle the partition wall between the aforesaid two shops in possession of tenant and another tenant Madan Lal Gupta 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.) LANDLORD filed rejoinder to the reply filed by the tenant. Issues were framed by the Rent Controller on 23.9.2010. He allowed the petition on 31.8.2012 and ordered eviction of the tenant from demised premises on the ground of bona fide requirement. Tenant preferred an appeal against the order dated 31.8.2012 before the Appellate Authority (II), Sirmaur District at Nahan. Appellate Authority dismissed the appeal on 16.12.2013. Hence, the present petition.