ARUN BALA Vs. GUDDI DEVI

JUDGEMENT

(1.) This petition is instituted against Judgment dated 1.1.2007 rendered by learned Appellate Authority, Shimla in Civil Misc. Appeal No. 80-S/14 of 2006.

(2.) "Key facts" necessary for the adjudication of the present petition are that the petitioner (hereinafter referred to as 'landlady' for convenience sake) filed a petition under Section 14 of the HP Urban Rent Control Act, 1987 (hereinafter referred to as 'Act' for convenience sake) for the eviction of the respondenttenant (hereinafter referred to as 'tenant' for convenience sake) from the demised premises on the ground of bona fide requirement for reconstruction, which could not be carried out without the premises being vacated by the tenant. Tenant was in arrears of rent. Premises comprised of two rooms measuring 3.20 x 1.95 metres and 3.58 x 1.75 metres. Rent of the premises was Rs. 18/- per month, however, electricity charges were required to be paid separately by the tenant. House was made of Dhajji. Tenant has not paid arrears of rent from 1.1.1990 to 30.3.2004 alongwith interest @ 9% per annum.

(3.) Petition was contested by the tenant. According to the averments made by the tenant, there are other tenants, who have succeeded to the tenancy rights of Ram Chand, who was the original tenant. Rent of the premises was Rs. 20/- per month. Premises were not required by the landlady bonafidely. Landlady has sold an adjacent portion of the building for a valuable consideration. Building has not outlived its ordinary span of life. Rent already stood paid to the landlady. Landlady has also sold upper portion /storey immediately situated over and above the premises in question. Necessary parties were not added.