H.K. BHARDWAJ Vs. RAJNESH KUTHIALA

JUDGEMENT

(1.) This revision petition is instituted against the order dated 8.8.2012 rendered by the Rent Controller (7), Shimla in Execution Petition No. 7-10 of 2012.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent-landlord (hereinafter referred to as the "landlord" for convenience sake) filed a petition under section 14 of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the "Act" for brevity sake) for ejectment of the petitioner-tenant (hereinafter referred to as the "tenant" for convenience sake). The building was constructed in the year 1952 by the grandfather of the landlord. The premises were let out to the tenant for residential purposes by the father of landlord late Sh. Hari Krishan Kuthiala in the year 1974. He has since expired. The landlord wanted to demolish the premises and construct new rooms in its basement by joining the same in the ground floor and wanted to add more rooms in order to accommodate his own family and the son, who was of marriageable age. The premises were required bona fide for the purpose of rebuilding and reconstruction. Rebuilding and reconstruction could not be carried out without getting the premises in occupation of the tenant vacated. The accommodation in possession of the landlord was insufficient. The premises had come to his share as per decree rendered in Civil Suit No. 716/1993 decided on 13.8.1994.

(3.) The petition was contested by the tenant. Learned Rent Controller framed issues on 22.10.2007. However, during the pendency of the proceedings, joint application was moved under order 23 rule 3 of the Code of Civil Procedure for passing decree/eviction order on the basis of compromise entered into between the parties. Learned Civil Judge (Junior Division), Court No. 7, allowed the petition on 28.6.2010, subject to condition that landlord shall not execute the order before 31.5.2018. The parties were directed to comply with the terms and conditions mentioned in the application and affidavit. The non-compliance of the terms and conditions by the tenant granted the liberty to the landlord to execute the order even before 31.5.2018. The tenant was directed to handover the vacant possession of the premises on or before 31.5.2018. Statements of both the parties were recorded.