SHAMSHER CHAND Vs. SANJIV PANDIT

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of the Appellate Authority, Shimla in Civil Miswcellaneous Appeal No 41-S/14 of 2002, decided on 24.4.2003 whereby he has rejected the appeal filed by the petitioners (hereinafter referred to as landlords) and confirmed the order passed by the learned Rent Controller, Shimla.

(2.) THE landlords are owners of one shop in the ground floor/basement of a building known as 1 Whether the reporters of the local papers may be allowed to see the Judgment? Shakuntalam, Lower Bazar, Shimla. This shop was rented out by the landlords in favour of the tenants at a monthly rental of Rs.4,500/- per month besides 1/4th share of Municipal taxes vide agreement dated 3rd January, 1996. The landlords filed an eviction petition before the Rent Controller on the ground that the respondents have not paid the rent from Ist October, 1988 and also on the ground that the premises in question are bonafide required by the petitioners for their own use and occupation. The learned Rent Controller held that the tenants were in arrears of rent w.e.f. 1.11.1998 till the date of order at the rate of 4,500/- besides 1/4th share of Municipal Corporation taxes. However, the petition on the ground of bonafide requirement was rejected on the ground that no such ground was available to the landlords in the case of non residential building. In appeal, one of the grounds taken was that the landlords were entitled to 10% statutory enhancement of rent which has not been ordered by the Rent Controller. The Appellate Authority has rejected the appeal, hence the present revision petition.

(3.) THE first contention of the landlords is that the landlords are entitled to evict the tenant on the ground of bonafide requirement even from non residential premises. The H.P. Urban Rent Control Act clearly provides that the grounds of eviction a of tenant on the ground that the premises are required bonafide by the landlords is only applicable in respect of residential premises. The relevant portion of Section 14(3) reads thus:-