BHOOP RAM Vs. DEVKI DEVI

JUDGEMENT

(1.) This revision petition is filed by the petitioner-tenant against the judgment rendered on 23.3.2006, by the learned Appellate Authority (II), Shimla, H.P., whereby the appeal filed by the petitioner-tenant was dismissed.

(2.) Brief facts of the case are that the original petitioner before the learned Rent Controller, is landlord of House No.110/1, known as Tanwar Bhawan Lower Kaithu, Annadale, Shimla-3. The respondent is a tenant in accommodation consisting of two rooms, kitchen, and verandah in the first floor of the building on a rent of Rs.200/- per month. The respondent was in arrears of rent. The premises are required by the original petitioner for his own use and occupation, as well as, for the use and occupation of the family members. So, the rent petition for eviction of the respondent-tenant on the ground of arrears of rent and bona fide requirement came to be filed.

(3.) The respondent-tenant has contested the petition and raised preliminary objections about maintainability, as the petitioner-landlord has got vacated two residential sets in the building within five years and estopple. On merits, the respondent-tenant averred that he was not in arrears of rent and has already paid rent of the premises to the petitionerlandlord till 30.11.1999. The petitioner-landlord has got vacated two room set from Sh. Jia Lal Chauhan in the year 1995 and another set was got vacated from a tenant, who was doing tailoring work. The petitioner-landlord is having sufficient accommodation for him and his family members. The premises are not required by the petitioner-landlord for his occupation and for occupation of his family members.