BHAWANA SAINI AND ANOTHER Vs. VINOD KUMAR

JUDGEMENT

(1.) CMP(M) No. 225/2015

(2.) The present application has been moved by the applicants for condoning delay in filing Civil Revision petition against Judgment dated 1.9.2011 rendered by learned Appellate Authority-I, Sirmaur at Nahan in Rent Appeal No. 04-RA/14 of 2011.

(3.) "Key facts" necessary for the adjudication of the present application are that predecessor-in-interest of the petitioners Shri Babu Ram Saini instituted a Rent Petition No. 01/2 of 2007 before the Rent Controller-II Nahan, District Sirmaur, under Section 14 of Himachal Pradesh Urban Rent Control Act, 1987 against the respondent-tenant. According to the landlord, tenant was in arrears of rent. He has made additions and alterations without the consent of the landlord thereby diminishing value and utility of the shops. He has removed wall between shop Nos. 1 and 2 and opened a new door. He has kept Shop No. 3 un-utilized thus, seized to occupy the same for more than 12 months without a reasonable cause. Premises were also required for carrying out necessary repairs, which could not be carried out without evicting premises by tenants as outer wall is bulging out and could collapse. Tenant has been using second shop for playing 'Dara Satta' and he was also arrested by the police. This activity was causing nuisance in the neighbourhood. He also required shops for his own bona fide use and occupation as he was not keeping well and not in a position to run his shop situated at Bara Chowk Nahan. According to landlord, demised premises were let-out to the tenant @ Rs. 2000/- per month.