LIN KUEI TSAN Vs. ASHOK KUMAR GOEL

JUDGEMENT

(1.) THIS revision petition under Section 24 (5) of the Himachal Pradesh Urban Rent Control Act, 1987 is preferred by the petitioner/tenant against the judgment dated 10.9.2007 passed by learned Appellate Authority, Fast Track Court, Shimla in RBT No. 69 -S/14 of 2005/2002 whereby he set -aside the order dated 29.11.2001 passed by learned Rent Controller, Court No. 4, Shimla in Case No. 80/2 of 1999/1998 and ordered the eviction of the tenant.

(2.) THE parties shall be referred to as the landlord and the tenant. The landlord filed an eviction petition against the tenant on number of grounds, however, for the purpose of determination of this revision petition the only ground which survives for consideration is as to whether the premises in question are bonafidely required by the landlord for the purpose of building or rebuilding which cannot be carried out without the building being vacated by the tenant. It is not in dispute that the building No. 20, the Mall, Shimla is owned by the landlord and the tenant is in occupation of one shop on the level of the Mall Road and the entire basement below it consisting of a room and a toilet under the stairs. The tenant was already in possession of the disputed premises when the same was purchased by the landlord from its previous owner Sh. Mehar Chand S/o Lala Mauza Mal. The eviction of the tenant was sought on the following grounds: - -

(3.) IT is not in dispute that insofar as the grounds No. (i) to (iii) are concerned, the same have been rendered redundant because the arrears of the rent already stand paid in accordance with law and insofar as the eviction of the tenant on the ground of his having committed such acts as are likely to impair materially the value and utility of the building is concerned, the same was not pressed before the learned Appellate Authority as would be clear from para 12 of the judgment of the Appellate Authority.