LEELA DEVI Vs. ASHWANI KUMAR

JUDGEMENT

(1.) Petitioner-landlady has challenged the judgment passed by learned Appellate Authority (II), Una in Rent Appeal No. 3/06, whereby while partly allowing the appeal filed by the respondent-tenant has quashed his order of eviction passed by learned Rent Controller on the ground of the building is bonafidely required by her for rebuilding and reconstruction. The eviction of the respondent-tenant on the grounds of arrears of rent has, however, been upheld.

(2.) Admittedly, the respondent was inducted as tenant by the petitioner-landlady in one of the shops shown in red colour in the site plan Ext. P-2 she constructed over the land measuring 18-00 square decimeter comprised in Khewat No. 80 min, Khatauni No. 150 and Khasra No. 1404 situated in up-mohal Indira Nagar and Mauza Gagret, Tehsil Amb, District Una, H.P. The rent as agreed upon was Rs. 700.00 per month. The respondent-tenant failed to pay the rent to the petitioner-landlady and the petition for his eviction was filed at the stage when he was in arrears of rent amounting to Rs. 39,900.00. As per further case of the petitioner-landlady, the demised premises being old and in dilapidated condition is having roof of old tiles hence, became unsafe for human habitation and that on the already filled up foundations, it is not possible to raise further construction on the first floor and as such the same was bonafidely required for rebuilding and reconstruction so that the building could be put to best and beneficial use.

(3.) The respondent-tenant when put to notice has contested the petition. It is denied that the rent was Rs. 300.00 per month. The rent up till July, 2002 was paid to the petitioner-landlady. It is denied that the shop was in dilapidated condition and also unfit for human living.