RAM PRAKASH Vs. VIJAY KUMAR GOEL

JUDGEMENT

(1.) A single eviction petition, in the case at hand, was filed on 1/3/2011 before the concerned Rent Controller with respect to the premises in the case at hand. The same was filed against Ram Prakash, Ram Shankar. The said two individuals in a judgment dtd. 16/12/2011 passed in Civil Revision No. 26 of 2006 titled Vijay Kumar Goel vs Ram Shankar had been held to be joint tenants with respect to the premises in the case at hand.

(2.) The building, in which the tenanted premises is situated, is a five storey building. The ground floor, first floor and second floor of the building abut the Lower Bazar. At the Lower Bazar level, the building is identified as Building No. 104, Lower Bazar, Shimla. The tenanted premises exist in the ground floor of the building bearing No. 104, Lower Bazar, Shimla. Against the other tenants in the building eviction petitions on the ground of the demised premises having become unfit and unsafe for human habitation and on account of rebuilding and reconstruction have been filed.

(3.) In the eviction petition filed, it is an admitted fact that one shop in the top floor of the building, i.e., Shop No. 91 A, the Mall Shimla and the third floor are in possession of the landlord. At the Mall Road level, the building is identified as building No. 91A, the Mall Shimla. Qua the same, a Franchisee Agreement has been entered into by the sole proprietor firm Goyal Sons of the landlord/petitioner with M/s. Gulati Retail India Private Limited.