ROSHAN LAL BHARDWAJ Vs. ASHOK SUD

JUDGEMENT

(1.) Petitioner-tenant has approached this Court for setting aside order dtd. 30/6/2014 passed by Rent Controller-1 Shimla in case No. 14-2 of 2014, titled as Ashok Sud and another Vs. Roshan Lal Bhardwaj, whereby application preferred by tenant under Sec. 14(3)(c) of the H.P. Urban Rent Control Act, 1987 (herein after referred to as the 'Act') has been dismissed which was filed seeking direction to the landlord to put him to time schedule with regard to commencement of construction of house within a period of six months from 30/6/2014 and complete the same within a further period of one year after obtaining statutory permission and also issue direction to the landlord to re-induct the tenant after one month of the construction of building in the same place, location and equivalent area to the area which is in occupation of tenant before passing of eviction order by the Rent Controller.

(2.) Parties to the lis are being referred to their status, i.e. landlord and tenant for convenience.

(3.) Undisputed facts in present matter are that landlord had preferred Rent Petition No. 47-2 of 2010/2008 on 11/8/2008 for eviction of tenant on the ground of bonafide requirement for the purpose of rebuilding/re-construction after demolition of existing building which was not possible without the premises being vacated and vacant possession thereof being handed over to the landlord by the tenant. The said petition was allowed vide order dtd. 30/6/2011 evicting the tenant from the premises in reference on the ground of bonafide requirement of re-building and re-construction, and by referring judgment passed by the Supreme Court in Harrignton House School Vs. S.M. Ispahani and another AIR 2002 SC 2268, it was ordered that eviction of the tenant from the premises shall be carried out only on production of duly sanctioned plan by the landlord before the Executing Court.