PRADEEP KUMAR BHANDARI Vs. MANOHAR LAL

JUDGEMENT

(1.) Challenge herein is to the judgment dated 26.8.2008 passed by learned Appellate Authority under H.P. Urban Rent Control Act, whereby the order of eviction of the petitioner herein (respondent -tenant before the Rent Controller) from the demised premises has been affirmed and the appeal dismissed.

(2.) The respondent is owner of House No. 23, Ward No. 2, Lohali, Post Office, Dalhousie, District Chamba. The house is two storeyed. The respondent was inducted as tenant in the two room set situate in the 1st floor of the building, whereas, a two room set in the same floor was rented out to one Mr. Vijay Deep Singh. The ground floor was leased out to one Sh. Raj Kumar Mehra (since dead). The petitioner -landlord himself was residing in his ancestral house comprising one room and glazed verandha situate in village Lohali itself. On the marriage of his son, he felt necessity of more accommodation and as such, sought the eviction of the respondent -tenant and also of Vijay Deep Singh on the ground of personal bonafide requirement, as according to him the accommodation on 1st floor in the building with them is required by him for providing the same to his married son for residential purposes and also his three daughters though married, however, visiting him off and on at the occasion of festivals and other celebrations with other members of their families.

(3.) The respondent -tenant has resisted and contested the petition on several grounds, however, mainly that sufficient accommodation is available with the petitioner -landlord in his ancestral house and that the demised premises are not required by him for his personal use. Learned Rent Controller has framed the following issues: