RAM NIWAS Vs. RAJINDER PRASAD

JUDGEMENT

(1.) The present respondents -landlord preferred a petition under section 14 of the H. P. Urban Rent Control Act (hereinafter to be called as "the Act") for the eviction of the present tenant -petitioner from the premises under reference which consisted of the first floor of House No. 349 (Chaubara) and shop and the first floor of House No, 348 (Chaubara). The eviction has been sought on the following grounds: (1) Non -payment of rent from 1 -4 -1983 onwards; (2) The landlords required the premises for bona fide personal use as the present accommodation with the father of the landlords was not sufficient to meet the requirement of all the family members of the landlords ; (3) The premises having out -lived its life, were in a dilapidated condition and the same were unfit for human habitation and those were required for reconstruction which was not possible without eviction ; (4) The tenant had purchased house No 341 in the urban area of Subathu where the premises under reference were situated and was in occupation thereof and that the tenant had sub -let the premises to his son Shri Ram Niwas without the consent of the landlords.

(2.) The tenant contested the petition by denying all the grounds for eviction. The Rent Controller framed the following Issues on the pleadings of the parties: Whether the respondent is in arrears of rent? OPP Whether the premises are required bona fide by the petitioners ? OPP Whether building is in a dilapidated condition and is unfit for human habitation, as alleged ? OPP Whether respondent has acquired another building in the urban area ? If so, its effect ? OPP Relief.

(3.) The Rent Controller held that the tenant was in arrears of rent since 1st April, 1983. The other Issues were decided against the landlords and the petition was allowed only on the ground of non -payment of rent.