LAWS(HPH)-1995-12-4

KULDIP KUMAR SHARMA Vs. NIRMAL CHANDEL

Decided On December 13, 1995
KULDIP KUMAR SHARMA Appellant
V/S
Nirmal Chandel Respondents

JUDGEMENT

(1.) THE demised premises consisted of one residential set in the ground floor of Brighten Villa, Cart Road, Shimla, having two rooms and a kitchen-cum-bath. Respondent happens to be the landlady and the present petitioner is a tenant under her, of the demised premises. A petition under Section 14 of the H.P. Urban Rent Control Act, 1987 (hereinafter to be called as 'the Act') for eviction of the tenant was preferred basically on two grounds, namely, that the petitioner requires the premises in question bona fide for the purpose of re-building and re-construction and that the said rebuilding and reconstruction cannot be carried out without the premises in question being vacated and that the tenant-respondent was in arrears of rent.

(2.) THIS petition was contested by the tenant-respondent and various legal objections were raised. However, on merit case of the landlady/petitioner was not admitted.

(3.) THE learned Rent Controller decided issues No. 1 and 2 in favour of the landlady/petitioner while remaining issues in the negative and the petition was allowed.