A.N. SHARMA Vs. PRAN SACHDEVA

JUDGEMENT

(1.) THIS petition is instituted against Judgment dated 17.12.2012 rendered by learned Appellate Authority, Fast Track Court, Shimla in Rent Appeal No. 30 -S/14 of 2011.

(2.) "Key facts" necessary for the adjudication of the present appeal are that respondent -landlord (hereinafter referred to as 'landlord' for convenience sake) has instituted a Petition against petitioner -tenant (hereinafter referred to as 'tenant' for convenience sake) on the ground of non -payment of arrears of rent from 1.1.2006 to 31.12.2007 and also on the ground that tenant has ceased to occupy the premises continuously for the last 12 months without any reasonable cause and tenant has shifted to his native place. Tenanted premises were bona fide required by the landlord for carrying out necessary repairs, which can not be carried out without eviction of the building in question. Building in question is 80 years old. Rebuilding/reconstruction work could not be carried out without vacation of premises in question. Learned Rent Controller allowed the petition on 31.5.2011 and ordered eviction of the tenant on the ground that he was in arrears of rent since January 2006 till 31.5.2011 amounting to Rs. 3,200/ -. He was liable to pay statutory interest at the rate of 9% per annum. Further, he was ordered to pay the amount within a period of 30 days. The tenant has ceased to occupy the premises in question for continuous 12 months and premises are bona fide required by landlord for the purpose of re -building/reconstruction. Tenant preferred an Appeal against Order dated 31.5.2011 before the Appellate Authority and learned Appellate Authority dismissed the appeal on 17.12.2012. Hence, this petition.

(3.) MR . Balwant Kukreja, Advocate has supported the Order and Judgment passed by the authorities below.