HARI DASS SHARMA Vs. SURINDER KAUR

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 30.11.2013 rendered by the Appellate Authority in Rent Appeal RBT No. 28-S/14 of 2013/11.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent-landlady (hereinafter referred to as the "landlady" for convenience sake) has filed eviction petition against the petitioner-tenant (hereinafter referred to as the "tenant" for convenience sake). According to the landlady, she is owner of the building known as "Nagina Singh Building", the Mall Shimla. The premises comprised of two rooms in the basement of the building was let out for non-residential purposes to the tenant on rent of Rs. 550/- per month. The building is more than 100 years of age. Father-in-law of landlady, by way of family settlement, gave undivided share in the building known as "Nagina Singh Building", The Mall Shimla to her. She alongwith other co-owners of the building purchased the free hold rights and title of the building from H.P. Government vide sale deed No.145/2007 registered on 17.2.2007. The premises were bona fide required for reconstruction or rebuilding of the building, which could not be done without eviction of the tenant. Tenant has also sought permission from Municipal Corporation for reconstruction of the building.

(3.) According to the reply filed by tenant, there are other legal heirs of late Sh. Amrik Singh. He was inducted tenant by Sh. Amrik Singh. It is denied that accommodation comprised of two rooms in the basement. According to the tenant, measurement of the rooms is 12x10 feet and one hall alongwith bathroom and latrine in the ground floor of 'Nagina Singh Building' on monthly rent of Rs. 400/-. The landlady has not sought permission to raise construction of the building from the Municipal Corporation.