MADAN LAL Vs. KUNTA DEVI AND ORS.

JUDGEMENT

(1.) ORIGINAL petitioner Sh. Jai Karan, who died during the pendency of the proceedings before the authority below, filed a petition for ejectment against respondent Sh. Madan Lal, petitioner herein. Undisputedly the premises are situated within the municipal limits of Shimla and are subjected to the provisions of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the Act). As on 15.5.1997, at the time of filing of the petition for ejectment under the provisions of the Act, on the ground of bona fide requirement, family members of the original petitioner Jai Karan constituted of himself, his wife, two married sons and two grand children. The premises in occupation of Jai Karan were not sufficient enough to meet the requirements of his family. Two rooms, one kitchen, glazed and open verandah, is under the occupation of the petitioner herein as tenant.

(2.) THE learned Rent Controller(4), Shimla, in terms of Order dated 14.7.2000, passed in Rent Case No. 53/2 of 1999/97, titled as Jai Karan v. Madan Lal, rejected the petition on the ground that Jai Karan had sufficient accommodation with himself. However, the lower Appellate Authority, while reversing such findings, allowed the petition directing the tenant, petitioner herein, to hand over vacant possession of the premises to the landlords, respondents herein, within a period of three months, in terms of impugned judgment dated 28.4.2005, passed in Rent Appeal No. 9 -S/14 of 2004/2000, titled as Jai Karan (since deceased through L.Rs.) v. Madan Lal.

(3.) NO doubt, original petitioner, Jai Karan expired during the pendency of the proceedings but however over the years number of his surviving family members has increased. Widow, two married sons and grand children of the original petitioner live together as a family unit and urgently require the premises which is in possession of the tenant. The total accommodation available with the present respondents is just four rooms. Children have grown up so also their needs, desire and requirement, which is neither arbitrary nor capricious, of living in separate rooms.