SANJAY KAPOOR Vs. CHARANJI LAL

JUDGEMENT

(1.) The present petition has been filed against the judgement dtd. 3/9/2024 passed by the learned Appellate Authority (Mandi, H.P.) in Rent Appeal No.1 of 2024, whereby the learned Appellate Authority below has confirmed the eviction order dtd. 16/12/2023, passed by the learned Rent Controller (3) Mandi, District Mandi, HP in Rent Petition No.161 of 2013, titled Charanji Lal & Ors. Vs. Dalip Singh.

(2.) The present petitioner before this Court was the respondent before the Rent Controller. The facts, in the case at hand, are that the present respondents/landlords before the learned Rent Controller had filed a rent petition under Sec. 14 of the H.P. Urban Rent Control Act seeking eviction from the tenanted premises-a shop situated at 104/8 Darmyana Mohalla, Mandi Town, District Mandi, H.P., measuring 12.00 sq. meters, on a monthly rent of Rs.242/-. The eviction was sought on the grounds that the building was over 100 years old, in dilapidated condition and required reconstruction into a multistoreyed RCC structure, for better returns.

(3.) The present respondent/landlords claimed that the premises had outlived their life, with cracks in the roof/slab, making them unsafe for habitation and that they had approved reconstruction plans from the Municipal Council, Mandi, along with sufficient funds to undertake rebuilding. Additionally, they pleaded bona fide personal requirement for self-occupation.