SURESH KUMAR Vs. OM PRAKASH

JUDGEMENT

(1.) Heard. Learned counsel on both sides are in agreement that this petition can be disposed of at this stage itself in view of the law laid down by the apex Court in Hari Dass Sharma versus Vikas Sood & Others, 2013 5 SCC 243. In this judgment, the apex Court has held as under:

(2.) In this petition, the order of eviction of the petitioner-tenant on the ground of reconstruction of the demised premises is under challenge. The demised premises is consisting of three rooms, one verandah in a building situate in Ward No.6, Municipal Council Area near Subzi Mandi, Up Mohal Hamirpur, Tehsil and District Hamirpur. In area, it is measuring 36.53 square meters. The challenge to the impugned judgment is on the grounds inter alia that there is no sanctioned plan qua reconstruction of the building and the same can be reconstructed without resorting to the eviction of the petitioner-tenant.

(3.) Learned counsel representing the petitionertenant has conceded such claims in view of the law laid down by the Hon'ble apex Court in the judgment cited supra and rightly so, because the Hon'ble apex Court has categorically held that the landlord is not required to produce a sanctioned plan nor to disclose the funds required for reconstruction and the eviction of the tenant on the ground of rebuilding and reconstruction of the building can be sought without it. The Act itself provides reinduction of the tenant in that much area as was with him/her in the building before its demolition and reconstruction.