LAWS(HPH)-2015-5-76

VINOD KUMAR Vs. VARINDER KUMAR SOOD

Decided On May 13, 2015
VINOD KUMAR Appellant
V/S
Varinder Kumar Sood Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 9.1.2013 passed by the learned Appellate Authority, Shimla in Rent Appeal No. 54 -S/14 of 2012.

(2.) "Key facts" necessary for the adjudication of this petition are that respondent -landlord (hereinafter referred to as the "landlord" for convenience sake) filed eviction petition under section 14 of the H.P. Urban Rent Control Act, 1987 against the petitioner -tenant (hereinafter referred to as the 'tenant' for convenience sake). The landlord has sought the eviction of the tenant from the demised premises firstly on the ground that the building in question has become unsafe and unfit for human habitation; the building is more than 100 years old, it was constructed of Dhajji wall and with the passage of time the construction material has decayed rendering the building unsafe and unfit for human habitation and secondly the building is required bona fide by the landlord for building and rebuilding.

(3.) ISSUES were framed by the Rent Controller. He allowed the petition on 16.5.2012 by ordering the eviction of the tenant. However, according to the Rent Controller the eviction would become available to the landlord only when the building plans are sanctioned by the competent authority. Tenant feeling aggrieved by the order dated 16.5.2012 filed an appeal bearing Rent Appeal No. 54 -S/14 of 2012 before the Appellate Authority. Landlord preferred an appeal against the order dated 16.5.2012 bearing Rent Appeal No. 55 -S/14 of 2012 before the Appellate Authority. The appeal filed by the tenant bearing Rent Appeal No. 54 -S/14 of 2012 was partly accepted by the appellate authority on 9.1.2013 by ordering re -entry of the tenant after the completion of rebuilding equivalent to the area to original premises. The appeal bearing Rent Appeal No. 55 -S/14 of 2012 filed by the landlord was dismissed. Hence, the present petition.