KUMARI PUSHPA CHAUHAN Vs. SHREEDHAR SHARMA

JUDGEMENT

(1.) THE respondent, hereinafter referred to as the landlord filed a petition for eviction of the tenant as specified landlord under Section 15(2) of the H.P.Urban Rent Control Act. The relevant portion of the Section reads as follows:-

(2.) THE Rent Controller accepted the petition of the landlord and ordered the eviction of the petitioner-tenant and hence the present revision petition filed by the tenant under Section 16(8) of the Act which reads as follows:-

(3.) THE undisputed facts are that the building in question is a three storeyed building. The top floor abuts the road and is occupied by the landlord and his family and it consists of four rooms, two bath rooms, kitchen, store and an open terrace. Below this floor is the middle floor which consists of similar accommodation rented out as one room and two room sets. The ground floor consists of four rooms, bath-room, kitchen etc. A two room set alongwith kitchen and bath-room is in the occupation of the tenant and there is similar accommodation on the other side of the building . Initially this similar accommodation was rented out as two separate one room sets. The admitted position is that during the pendency of this petition the two single room sets fell vacant and the landlord acquired possession of the same sometime in the year 2000. The tenant filed CMP No. 384 of 2001 to place these facts on record. The landlord did not deny the fact that these rooms/accommodation had fallen vacant, but according to him the said accommodation was not suitable for the purposes of running the Veterinary Clinic and Hospital since it had no court-yard or compound adjacent to it. The tenant also filed another petition being CMP No. 295 of 2006 to place on record the fact that in fact now the landlord has sold the adjoining two room set. In reply to this application the landlord has admitted that this two room set has been sold by him to one Sudesh Seth, but he has reiterated that the said set was not suitable for running Veterinary Clinic.