SANJAY THAKUR Vs. ASHA DEVI

JUDGEMENT

(1.) THIS revision petition under Section 24 (5) of the Himachal Pradesh Urban Rent Control Act, "Rent Act" for short, is laid by Sanjay Thakur, landlord, against the dismissal of his eviction petition, by the Appellate Authority, Shimla in Civil Misc. Appeal No.22-S/14 of 2003 decided on June 18, 2005 reversing the judgment of the learned Rent Controller, Shimla.

(2.) IN order to appreciate the controversy, relevant facts may be noticed:

(3.) LEARNED Rent Controller by his order dated April 28, 2003, after appraising the evidence and other material on record, found that the landlord required the demised shop bonafide for the purpose of re-building the Marina Hotel for which the plan had been sanctioned by the competent Authority, i.e, Municipal Corporation, Shimla. He also concluded that the hotel could not be constructed without it being vacated and the landlord has the means to re-build the hotel and that under Section 14 (3) (c ), the landlord is not required to prove that the building is really in dilapidated condition provided the need of the landlord is bonafide and he intends to put the premises in question to more profitable use. The objection of the tenant that the petition was bad for non-joinder of necessary parties and the petitioner had no cause of action was over ruled.